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THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
Authority to break open house, &c.
rupt and Bankrupt's wife.
concealed in any house or other place not belonging to such Bankrupt, the Court may grant a search warrant to any person appointed by the Court, and it shall be lawful for such person and his assistants to execute such warrant according to the tenor thereof: and such person shall be entitled to the same protection as is allowed by Law in execu- tion of a search warrant for property reputed to be stolen or concealed.
CXCII. Any person appointed by the Court and his Assistants, acting under warrant of the Court may break open any house, chamber, shop, warehouse, door, trunk or chest of the Bankrupt where such Bankrupt or any of his property is reputed to be and seize upon the body or property of such Bankrupt: and if the Bankrupt be in prison or in custody it shall be lawful for such person and his Assistants to seize any property of the Bankrupt (necessary wearing apparel only excepted) in the custody or possession of such Bankrupt or of any other person in any prison or place where such Bankrupt is in custody.
Court may summon CXCIII. The Court may summon any Bankrupt or Bankrupt's wife before it; and examine Bank- whether the Bankrupt shall have obtained his discharge or not, and in case he or she shall not come at the appointed time, the Court may, upon proof of the service of such summons, if it shall see fit, direct by warrant any person the Court shall see fit, to arrest such Bankrupt or Bankrupt's wife, and bring him or her before the Court; and the Court may examine such Bankrupt or Bankrupt's wife either by word of mouth or by interrogatories in writing, touching all matters relating to the dealings or estate of such Bankrupt, or which may tend to disclose any secret grant, conveyance, or concealment of his lands, tenements, goods, money or debts, and the Court may reduce such examina- tion or examinations into writing and the Bankrupt or Bankrupt's wife or both as the case may be, shall sign and subscribe such examination or examinations respectively.
If Bankrupt be keeping out of the way
Colony, Court may
issue warrant.
CXCIV. If in any case it shall be proved to the satisfaction of the Court, that any or be about to quit the Bankrupt is keeping out of the way and cannot be personally served with a summons, and that due pains have been taken to effect such personal service, or that there is pro- bable cause for believing that he is about to quit the Colony or to remove or conceal any of his goods or chattels unless he be forthwith apprehended, the Court may, by warrant, authorize and direct any person or persons it shall think fit, to apprehend and arrest such Bankrupt, and bring him before the Court to be examined in like manner as if he appeared upon a summons.
Court empowered to
pected of having
CXCV. After adjudication the Court may summon before it any person known summon persons sus-or suspected to have any of the estate of the Bankrupt in his possession or is supposed Bankrupt's property. to be indebted to the Bankrupt or any person the Court may believe capable of giving information concerning the person, trade, dealings or estate of the Bankrupt or concerning any act of bankruptcy committed by him, or any information material to the full dis- closure of his dealings: and the Court may require such person to produce any books, papers, deeds, writings or other documents in his custody or power which may appear to the Court necessary to the verification of the deposition of such person, or to the full disclosure of any of the matters which the Court is authorized to enquire into: and if such person so summoned as aforesaid shall not come before the Court at the time ap- pointed, having no lawful impediment, (made known to the Court at the time of its sitting and allowed by it,) the Court may by warrant authorize and direct the person or persons therein named for that purpose to apprehend and arrest such person and bring him before the Court for examination.
Service of Summons where person keeps out of the way.
CXCVI. Where it shall be shown by affidavit to the satisfaction of the Court that any person to whom any such summons is directed as aforesaid is keeping out of the way and cannot be personally served therewith, and that due pains have been taken to effect such personal service, the Court may order by endorsement upon the summons, that the delivery of a copy
of such summons to the wife or servant or some adult inmate of the house or family of the person, at his usual or last known place of abode or business, and explaining the purport thereof to such wife, servant or inmate, shall be equivalent to personal service, and in every such case the service of such summons in pursuance of such order shall be, and be deemed and taken to be of the same force and effect to all intents and purposes as if the party to whom such summons was directed had been personally served therewith.
Power to examine CXCVII. Upon the appearance of
any person summoned or brought before the persons summotied or Court upon any warrant as aforesaid, or if any person be present at any sitting of the
present at any sitting. Court, the Court may examine every such person upon oath, either by word of mouth,
or by interrogatories in writing, concerning the person, trade, dealings or estate of any
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