182
THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
And how applied. And the money so recovered (the charges of suit being deducted) shall be paid over
in such manner as the Court shall by General Order direct.
What notices to be sent by post.
Proviso.
Petitions and other
proceedings in bank- ruptcy,
ed with the seal of the Court admissible evidence.
As to Notices and Advertisements.
CLXXIX. All Notices by this Ordinance or by General Order required to be served on any person shall be sent by post addressed to the last known place of business or abode of such person, subject to such regulations as to registration and otherwise as such General Orders shall direct, provided that this present Section shall not apply to or affect Notices by this Ordinance or by any General Order required to be personally served.
As to Evidence.
CLXXX. Any petition for adjudication, or arrangement, adjudication of Bankruptcy and copies assignment appointment of official or creditors' assignee, certificate, deposition, or other purporting to be seal- proceeding or order in Bankruptcy, or under any of the provisions of this Ordinance, in appearing to be sealed with the seal of the Court under this Ordinance, or any writing purporting to be a copy of any such document, and purporting to be so sealed, shall at all times, and on behalf of all persons, and whether for the purposes of this Ordinance or otherwise, be admitted in all Courts whatever as evidence of such documents respectively, and of such proceedings and orders having respectively taken place or been made, and be deemed respectively records of such Court, without any further proof thereof; and no such copy shall be receivable in evidence unless the same appear to be so scaled, except where otherwise in this Ordinance specially provided: Provided that any document, petition or proceedings in any adjudication of insolvency filed or taken and entered of record under Ordinance No. 3 of 1846 purporting to have been sealed before the commencement of this Ordinance or purporting to have been signed by the person duly authorized to sign the same, and copies of the same, shall be received in all Courts what- ever as evidence of such petition, document, or proceedings, and of such proceedings having taken place and entered of record.
Officer of Court to
and give thereof.
CLXXXI. The proper Officer of the Court shall, on the reasonable request of any produce proceedings Bankrupt or arranging Debtor, or of any Creditor of such Bankrupt having proved his debt, or of an arranging Debtor, when the debt of the arranging Creditor has been admit- ted in the petition or proved, or on the request of the Attorney of any such Bankrutp, Debtor or Creditor, produce and show to such Bankrupt, Debtors or Creditors at such time as the Court shall direct, every petition for adjudication of Bankruptcy, adjudication of Bankruptcy, and petition for arrangement, against, or by such, Bankrupt, and all orders and proceedings under any such petition or adjudication, and the Court shall order the Official Assignee or Officer of the Court, as the case may be, to permit such Bankrupt, Debtor or Creditor to have inspection, at all reasonable times, of all books, papers and writings relating to the matters of such petition or adjudication, and the estate of the Bankrupt or Debtor in the possession of the Assignees or filed in Courtin such matter and permit him to inspect and examine the same; and such Official Assignee, or such Officer shall provide for any such Bankrupt, Debtor, Creditor or Attorney, requiring the same an office copy of such petition or other proceeding, books, papers and writings as aforesaid, or of such part thereof as shall be required, receiving such fee or sum or rate of charge as may be authorized in that behalf.
If Bankrupt do not
the Gazette to be
the Bankrupt and
have sued had he not
CLXXXII. If the Bankrupt shall not if he were within the Colony at the date dispute the petition of the adjudication within two calendar months after the advertisement of the conclusive evidence of Bankruptcy in the Hongkong Government Gazette, or if he were elsewhere at the date bankrupter as against of such adjudication within twelve months after such advertisement, have commenced against persons whom an action, suit or other proceeding to dispute or annul the petition for adjudication, the Bankrupt might and shall not have prosecuted the same with due diligence and with effect, the Gazette been adjudged Bunk-containing such advertisement shall be conclusive evidence in all cases as against such Bankrupt, and in all actions at Law or suits in Equity brought by the Assignees for any debt or demand for which such Bankrupt might have sustained any action or suit had he not been adjudged Bankrupt, that such person so adjudged Bankrupt became a Bankrupt before the date and filing of the petition for adjudication, and that such petition was filed on the day on which the same is stated in the Gazette to bear date.
rupt.
Advertisement when
evidence.
CLXXXIII. A copy of the Hongkong Government Gazette and of any Newspaper containing any such advertisement as is by this Ordinance directed or authorized to be made therein respectively, shall be evidence of any matter therein contained, and of which notice is by this Ordinance directed or authorized to be given by such advertisement.
No comments yet.
Private notes are available after approval.