716498-1864-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO-5-OF-1864- — Page 9

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THE HONGKONG GOVERNMENT GAZETTE, 30TH APRIL, 1864.

as the Court shall think fit, whereby such last mentioned person shall have authority to arrest the person against whom such Petition shall have been filed, and also to seize his books, papers, monies, securities for monies, goods and chattels, wheresoever he or they may be found, and him or them safely keep until the expiration of the time allowed for adjudication on such Petition, or until such person shall be adjudged Bank- rupt under such Petition, and be thereon dealt with according to this Ordinance: Provided, that any person arrested upon any such Warrant, or any person whose books, papers, monies, securities for monies, goods or chattels, have been seized under any such Warrant, may apply, at any time after such arrest or seizure, to the Court for an Order or Rule on the Petitioning Creditor to show cause why the person arrested, should not be discharged out of custody, or why his books, papers, monies, securities for monies, goods and chattels, should not be delivered up to him, and the Court may make absolute, or discharge such Order or Rule.

As to Adjudication of Bankruptcy.

tion.

161

Adjudication given in

to have notice thereof,

L. Notice of all adjudications shall be given in the Hongkong Government Gazette. Notice of Adjudica- LI. Before notice of any adjudication granted upon a Creditor's Petition shall be Before notice of given in the Hongkong Government Gazette and such other Newspapers as the Court Hongkong Govern- may direct, and at or before the time of putting in execution any Warrant of seizure ment Gazette, Debtor which shall have been granted upon such adjudication, a Duplicate of such adjudication shall be served on the person adjudged Bankrupt, personally, or by leaving the same at the usual or last known place of abode, or place of business of such person; and such person shall be allowed Seven Days, or such extended time, as the Court shall think fit, from the service of such Duplicate to show cause to the Court against the validity of such adjudication: and if such person shall, within such time, show to the satisfaction of the Court that the Petitioning Creditor's Debt and act of Bankruptey upon which such adjudication has been grounded, or any or either of such matters are insufficient to support such adjudication, and upon such showing no other Cre- ditor's Debt and act of Bankruptcy sufficient to support such adjudication, or such of the said last mentioned matters as shall be requisite to support such adjudication, in lieu of the Petitioning Creditor's Debt, and act of Bankruptcy or any or either of such matters, which shall be deemed insufficient in that behalf as the case may be, shall be proved to the satisfaction of the Court, the Court shall thereupon order such adjudication to be annulled and the same shall by such order be annulled accord- ingly but if at the expiration of the said time no cause shall have been shown to the satisfaction of the Court for the annulling of such adjudication the Court shall forth- with after the expiration of such time, cause notice of such adjudication to be given in the Hongkong Government Gazette and such other Newspapers as the Court may direct, and shall, if necesary, appoint a day for such Bankrupt to surrender and con- form: Provided that the Court shall have power from time to time to enlarge the time for the Bankrupt surrendering himself, for such time as the Court shall think fit, so as every such order be made Six Days at least before the day on which such Bankrupt was to surrender himself: Provided also, that if any person so adjudged Bankrupt shall before the expiration of the time allowed for showing cause, surrender himself, and give his consent, testified in writing under his hand, to such adjudication being advertised, the Court after such consent so given, shall forthwith cause the notice of adjudication to be advertised and appoint the sittings for the Bankrupt to surrender and conform.

:

son, Court may ap-

LII. Whenever any Bankrupt is in Prison, or in custody under any process, If Bankrupt in pri- attachment, execution, commitment or sentence, the Court may appoint a person to point a Person to at- attend him from time to time to produce to him his books, papers and writings, in tend him. order that he may prepare his balance sheet and show the particulars of his estate and effects.

to vest in the Assig-

nees.

LIII. When any person shall have been adjudged a Bankrupt, all his personal Bankrupt's Property estate and effects present and future, wheresoever the same may be found or known, and all property which he may purchase, or which may revert, descend, be devised or bequeathed, or come, to him before he shall have obtained his discharge, and all Debts due, or to be due to him, wheresoever the same may be found or known, and the property, right and interest in such Debts, shall become absolutely vested in the Official or other Assignee for the time being for the benefit of the Creditors of the Bankrupt by virtue of their appointment, and after such appointment neither the Bankrupt nor any person claiming through or under him shall have power to recover the same, nor to make any release or discharge thereof, neither shall the same be attached as the Debt of the

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