THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
"Oath," "Affidavit," shall mean and include the Declaration or Affirmation of
any Person whom any Act of Parliament or local Ordinance shall have authorised to make such Declaration or Affirmation in lieu of an Oath.
"Petitioning Creditor" shall mean the Creditor who filed the Petition for Adju-
dication.
"Property" shall mean and include all the real and personal estate and effects of the Petitioner or Bankrupt, except as herein provided, and all the future estate, right, title, interest, and trust of such Petitioner or Bankrupt in or to any real or personal estate and effects which may revert, descend, be devised or bequeathed or come, and all debts due or to be due, to him before he shall have obtained his discharge.
"Prisoner" shall mean any Person in actual custody within the walls of any Prison in Hongkong for any debt, damages, costs, sum or sums of money, or for any contempt by reason of non-payment of any sum or sums of money or costs.
"Oath,'
155
*** Affidavit."
"Petitioning Cre-
ditor."
"Property."
"Prisoner."
In all cases in which any particular number of Days is prescribed by this Ordi- Computation of time. nance or shall be mentioned in any Rule or Order of Court which shall at any time be made under this Ordinance for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first, and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, Monday or Tuesday in Easter Week, or on a Day appointed for a Public Fast or Thanksgiving, in which case the time shall be reckoned exclusive of that day also.
Words importing the singular number or the masculine gender only, shall be un- Number and Gender. derstood to include several matters as well as one matter, and several Persons as well as one Person, and Bodies Corporate as well as Individuals, and Females as well as Males; and Words importing the plural number shall be understood to apply to one matter as well as to more than one, and to one Person as well as more than one.
As to acts of Bankruptcy.
House.
X. If any Debtor shall, with intent to defeat or delay his Creditors, depart from Departing the Colony. this Colony, or, being out of this Colony, shall, with such intent, remain away from the Colony for more than Twelve Months after the passing of this Ordinance, or shall, with such intent, depart from his dwelling house or otherwise absent himself or begin to keep Departing from his his house or suffer himself to be taken in execution for any debt not due, or yield Beginning to keep bimself to Prison or procure himself to be arrested or taken in execution, or his goods, his House. money, or chattels to be attached or taken in execution, or shall with such intent Prison.
Yielding himself to within this Colony or elsewhere, make any fraudulent conveyance, gift, delivery or Fraudulent sur- transfer of his real or personal property or any part thereof respectively, such Debtor render of his Property. shall in any such case be deemed to have committed an act of Bankruptcy: Provided always that before any adjudication shall be made against such Debtor under this Sec- tion the following Rules shall be observed:
(1.) A Copy of the Petition for Adjudication shall be served personally on the Debtor, either within the Jurisdiction, or in such Place or Country, or within such limits abroad as the Court shall upon application for that purpose direct.
(2.) Such Copy of Petition shall have endorsed thereon, a Memorandum in a form to be settled by General Order, specifying the time within which the Debtor is to appear on such Petition: and such time shall, when the service is to be made out of this Colony, be the time which the Court shall think reasonable, having regard to the Place or Country where the service is to be made.
(3.) In no case shall the time for appearance be less than Fifteen Days after service. (4.) If such personal service be not effected, the Court must be satisfied that every reasonable effort was made to effect the same, and that the attempts to serve such Petition came to the knowledge of the Debtor and were defeated by his conduct.
Rules to be observed under this Section.
before adjudication
the Petitioning Cre-
XI. If any Debtor, after the filing of any Petition for Adjudication against him, Compounding with shall pay money to the Petitioning Creditor or give or deliver to such Petitioning Creditor any satisfaction or security for his debt or for any part thereof, whereby such Petitioning Creditor may receive more in the pound in respect of his debt than the other Creditors, such payment, gift, delivery, satisfaction or security shall be an act of Bankruptcy; and, if any Adjudication shall have been made upon such Petition, the
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