718598-1863-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO--OF-1863- — Page 11

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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.

If Bankrupt be not

to be free from arrest

son may be brought

examined or to surren-

except in certain ca- ses order release.

portion of the said Pay, Half-pay, Salary, Emoluments or Pension as shall be specified in such Order and Consent shall be paid to the said Assignee or Assignees until the said Court shall make order to the contrary.

LVIII. If the Bankrupt be not in prison or custody at the date of the adjudication in Prison or Custody, he shall be free from arrest or imprisonment by any Creditor in coming to surrender, in coming to surren- and after such surrender for such further time as shall be allowed him for finishing his der, &c., and if in Pri- examination, and for such time after his examination until his discharge be allowed, up by Warrant to be as the Court shall from time to time by endorsement upon the Summons of such der, and if in Prison for Bankrupt think fit to appoint: and whenever any Bankrupt is in prison or in custody Debt the Court may under any process, attachment, execution, commitment or sentence, the Court may by Warrant directed to the person in whose custody he is confined, cause him to be brought before it at any Sitting either public or private and if he be desirous to sur- render he shall be so brought up, and the expense thereof shall be paid out of his estate, and such person shall be indemnified by the Warrant of the Court for bringing up such Bankrupt: and where any Person who has been adjudged Bankrupt and has surrendered and obtained his protection from arrest, is in Prison or custody for Debt at the time of his obtaining such protection, the Court may, except in the cases hereinafter mentioned, order his immediate release, either absolutely or upon such conditions as it shall think fit: Provided always that the Court shall not order such release where it shall appear by any judgment, order, commitment or sentence. under which the Bankrupt is in Prison or custody, or by the record or entry of any such judgment, order, commitinent or sentence, and the pleadings or proceedings previously thereto that he is in Prison or custody for any Debt contracted by fraud, or breach of trust, or by reason of any prosecution against him whereby he had been convicted of any offence, or for any Debt contracted by reason of any judgment in any proceedings for breach of the Revenue Laws; or in any action for breach of promise of marriage, seduction, libel, slander, assault, battery, malicious arrest, or malicious trespass: Provided also that such release shall in nowise affect any rights of the Creditor at whose suit the Bankrupt may be in Prison or in custody, against the Bankrupt, except the right of detaining him in Prison or in custody whilst protected from imprisonment by order of the Court.

釁

If arrested to be dis-

protection.

LIX. If any Bankrupt shall be arrested for Debt or on any escape warrant in charged on producing coming to surrender or shall after surrender and while protected by order of the Court be so arrested he shall on producing such protection to the Officer who shall arrest him and giving such Officer a copy thereof be immediately discharged and if any Officer shall detain any such Bankrupt after he shall have shown such protection to him, except for so long as shall be necessary for obtaining a copy of the same, such Officer shall forfeit to such Bankrupt for his own use the sum of Five Pounds for every day he shall detain such Bankrupt to be recovered by action of Debt in any Court of Record. in Hongkong in the name of such Bankrupt with full costs of Suit.

Bankrupt to deliver

signee

•

nees.

As to the duty of the Bankrupt after Adjudication.

LX. Forthwith after the insertion of the notice of adjudication in the Hongkong up bis Books of Ac- Government Gazette, or if the Bankrupt before the expiration of the time allowed for show- count to Official As-ing cause against the adjudication, surrender himself and give consent to such insertion, forthwith after such surrender the Bankrupt shall (if thereto required by the Official Assignee) deliver up to the Official Assignee upon oath before the Court all books of account, papers and writings relating to his estate in his custody or power and discover such as are in the custody or power of any other person: and the Court may give such directions as it shall deem expedient with regard to such books, papers and writings: and every Bankrupt not in Prison or custody shall at all times after and to attend Assig-such surrender, attend the Assignees, upon every reasonable notice in writing for that purpose given by them to him or left at his usual or last known place of abode, and shall assist such Assignees in making out the accounts of his estate: and such Bank- rupt after he shall have surrendered may at all reasonable times before the expiration of such time as shall be allowed to him to finish his examination, inspect his books, papers and writings in the presence of his Assignees or any person appointed by them, and bring with him each time any two persons to assist him: and

every such Bankrupt after he shall have obtained his discharge, shall upon demand in writing given to him or left at his usual or last known place of abode attend the Assignees to settle any accounts between his estate and any Debtor to or Creditor thereof, or attend any Court of Record to give evidence touching the same, or do any act necessary for getting in or protecting the said estate: for which attendance he shall be paid such sum as the Court shall see fit out of his estate.