716906-1864-GENERAL-ORDERS — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 20TH AUGUST, 1864.

IX.

285

No affidavit shall be filed unless it is properly intituled in the Court and matter in which the same is to be used; and after an affidavit is left with the Registrar to be filed, it is not to be delivered to any person whatever, except by order of the Court.

As to Petitions, &c.

X.

A Petition for adjudication of Bankruptcy may either be written or printed.

XI.

Upon every Petition the Registrar or Deputy Registrar or, in the absence of both of these Offi- cers, the Clerk of the Court shall note the precise time of the filing of such Petition.

XII.

Before adjudication of Bankruptcy upon any Petition the Petitioner shall state on oath, by affi- davit, that the several allegations in the Petition are true.

XIII.

No adjudication shall be made on the Petition of a Debtor for adjudication of Bankruptcy against himself in the absence of the Petitioner, unless the Petitioner is in custody or his attendance be dis- pensed with by special Order of the Court.

XIV.

The memorandum required to be indorsed on a Petition for adjudication of Bankruptcy, before any adjudication shall be made under Section X. of "The Bankruptcy Ordinance, 1864," shall be in the form specified in the Schedule 3 to these Orders annexed.

XV.

After Adjudication, the Court shall without any application by the Bankrupt appoint a Sitting for the Bankrupt to surrender and conform. Such Sitting to be also a public Meeting of Creditors for such proceedings as may be taken under Section LXVII. of "The Bankruptcy Ordinance, 1864," and such Adjudication and Meeting shall be advertised in the Hongkong Government Gazette and one local Newspaper within ten days after the date of Adjudication. The Adjudication must be dated of the day on which it is made.

XVI.

The party presenting the Petition shall provide and fill up two forms of adjudication, one to be delivered to the Bankrupt, the other to be filed in Court.

XVII.

In the Adjudication to be made upon a Petition the Court shall grant the Bankrupt protection from arrest; and shall indorse thereon a Notice to the Bankrupt of the time and place of holding the Sitting at which he is to surrender and conform as aforesaid; and the Registrar shall deliver to the Bankrupt a duplicate of the adjudication, and shall make on the adjudication to be filed a note that he has so delivered the duplicate of the adjudication to the Bankrupt. Where the Petitioner is not present the duplicate of the adjudication must be personally served on the Bankrupt, unless the Court shall in any particular case dispense with such service.

As to Judgment Debtor Summons.

XVIII.

Every Creditor applying for a Judgment Debtor Summons shall file an Affidavit of Debt, and such Affidavit shall be in the form specified in the Schedule 8 to these Orders annexed.

XIX.

Every Judgment Debtor Summons shall be in the form specified in the Schedule 9 to these Orders annexed.

XX.

Every such Summons shall be indorsed with a Notice in the form specified in the Schedule 10 to these Orders annexed.

XXI.

Every such Summons is to be served personally unless the Court shall, in any case, direct that service in some other manner shall be deemed good service.

XXII.

Every such Summons shall be served four days at least before the time for appearance therein mentioned and within two months from the date thereof, including the day of such date and not afterwards.