THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.
157
As to acts of Bankruptcy by non-payment after Judgment Debtor Summons, and the Proceedings thereon.
may sue out Sum- mons.
XIX. Any Judgment Creditor entitled to sue out against a Debtor a Writ of Capias Judgment Creditor ad satisfaciendum, or to charge the Debtor in execution in respect of any Debt amount- ing to Three hundred Dollars, exclusive of Costs, shall, upon filing an Affidavit of Debt in the Court, and at the end of One Week from the signing of Judgment, be entitled to sue out against a Debtor whether he be in custody or not a Summons, to be called a Judg- ment Debtor Summons, requiring him to appear and be examined respecting his ability to satisfy the Debt.
directing payment of
the Money may sue
XX. If after the commencement of this Ordinance an Order of any Court having If order of any Court power to direct the payment of money by way of Costs or otherwise be inade ordering Money be disobeyed, the payment of any sum amounting to Three hundred Dollars upon a certain Day, and the Person entitled to such Order be disobeyed the same having been duly served upon the Debtor, the Person, out Judgment Dehtor entitled to receive the money, or interested in enforcing payment of it, may, after Seven Summons. Days from the Day of payment mentioned in the said Order, sue out against the Debtor
Judgment Debtor Summons.
a
XXI. The Judgment Debtor Summons shall issue out of the Court, and must be a Summons in respect of a Judgment given after the passing of this Ordinance.
Judgment to bo given after the pas- sing of this Ordinance.
XXII. When the Debtor is in the Colony of Hongkong the Summons shall be summons to be serv- served personally, unless the Court shall in any case direct that service in some other ed personally. manner shall be good.
XXIII. When the Debtor is not in the Colony of Hongkong, the Court, upon such Service of Summons evidence as shall satisfy it that the service will be effectual to give notice to the Debtor, out of the Colony. may order service to be made in such manner and form as it shall see fit, and shall appoint a time by such Order for the appearance of the Debtor.
mons.
XXIV. Where the Debtor is in Custody a Duplicate of the Summons shall be Duplicate of Sum- delivered to the Sheriff, Gaoler or other Person in whose Custody he is; who shall bring him up according to the Summons at the cost of the summoning Creditor.
XXV. If service of the Summons be not effected and the Court is satisfied that the Debtor is keeping out of the way to avoid service, it may order that one or more notices be inserted in the Hongkong Government Gazette and in such other Newspaper or Newspapers as the Court may direct, requiring him to appear on a Day named, being not less than Fourteen Days after the publication of the First Notice.
Insertion of Notice
in Hongkong Govern- ment Gazette.
Examination of
Debtor.
XXVI. Upon the appearance of the Debtor he may be examined on Oath, by or on behalf of the Creditor, and by the Court, respecting his ability to satisfy the Debt, and for the discovery of Property applicable in that behalf, and shall be bound to pro- duce, on Oath, or otherwise, such books, papers and documents in his possession or power, relating to property applicable or alleged to be applicable to the satisfaction of the Debt, as the Court shall see fit, and to sign his examination when reduced to writing.
XXVII. If after service of such Summons or due Notice thereof as aforesaid, the Court may adjudge Debtor shall not pay the Debt and Costs, or secure or compound for the same to the satisfaction of the Creditor, the Court may, on the appearance of the Debtor, or if he shall not appear having no lawful impediment allowed by the Court, adjudge him Bank- rupt, without the presentation of a Petition for adjudication or other proceeding; and where the Debtor has not appeared, Notice of such adjudication shall be served upon him in like manner as herein provided with respect to service of the Summons.
such Debtor Bank- rupt.
Seven Days to show
XXVIII. The Debtor shall be allowed Seven Days from such Notice or such further Debtor to be allowed time as the Court shall think fit, for appearing to show cause against the adjudication, cause against adjudi- and if he appear within the time allowed, and show sufficient cause, the adjudication cution. may be annulled; otherwise, at the end of the time allowed, or on the Judgment of the Court against the sufficiency of the cause shown, the adjudication shall become absolute, and Notice thereof shall be forthwith given in the Hongkong Government Gazette, and in such other Newspapers as the Court may direct, and the adjudication shall have relation back to the service of the Summons or the insertion of the First Notice in the Hongkong Government Gazette as the case may be.
XXIX. If any Debtor, who shall be summoned on a Judgment Debtor Summons, How Debtor refusing shall refuse to be sworn or shall refuse to answer any lawful Question put by the Court, with.
to be sworn to be dealt
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