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THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.
levied by seizure and sale before the filing of such Petition, shall be deemed to be valid, notwithstanding any prior act of Bankruptcy by such Bankrupt committed, provided that the person so dealing with, or paying to, or being paid by such Bankrupt, or at whose suit, or on whose account, such execution or attachment shall have issued, had not at the time of such payment, conveyance, contract dealing or transaction, or at the time of so executing or levying such excention or attachment, or at the time of making any sale thereunder, notice of any prior act of Bankruptcy by him committed; But nothing herein Provided also, that nothing herein contained shall be deemed or taken to give validity to give validity to to any payment, or to any delivery or transfer of any goods or chattels made by any of fraudulent prefer- Bankrupt, being a fraudulent preference of any Creditor, of such Bankrupt, or to any conveyance, or equitable mortgage made or given by any Bankrupt, by way of fraudul ent preference of any Creditor of such Bankrupt, or to any execution founded on a judginent on a warrant of Attorney or Cognovit Actionem, or Judges order obtained by consent given by any Bankrupt by way of fraudulent preference.
payments &c., by way
ence,
Bona fide purchases
CIX. No purchase from any Bankrupt bona fide and for valuable consideration not to be impeached where the purchaser had notice at the time of such purchase of an act of Bankruptcy Bankruptcy, unless by such Bankrupt committed, shall be impeached by reason thereof unless a Petition petition filed within for adjudication shall have been filed within Twelve months after such act of Bankruptcy.
by notice of act of,
twelve months after
the act of Bankruptcy.
Certain warrants of
and consents to Judges
petition to be null and void.
CX. Every warrant of Attorney to confess judgment in any personal action given attorney Cognovits, by any Bankrupt after the commencement of this Ordinance, and within Two months order given within next before the filing of a Petition for adjudication by or against such Bankrupt, and two months of filing being wholly or in part for or in respect of an antecedent debt or money demand; and every Cognovit Actionem or consent to a Judges order for Judgment given by any Bankrupt at any time after the commencement of this Ordinance and within Two months next before the filing of any such Petition, in any action commenced by collusion with the Bankrupt and not adversely, or purporting to have been given in an action, but having been in fact given before the commencement of such action against the Bankrupt, such Bankrupt being unable to meet his engagements at the time of giving such warrant of Attorney, Cognovit Actionem, or consent (as the case may be) shall be null and void, as against the Assignees and Creditors under the Bankruptcy of such Debtor whether the same shall have been given by such Debtor in contemplation of Bankruptcy or not.
Provisions of 3 Geo.
Assignees,
CXI. And whereas an Act passed the Imperial Parliament in the third Year of 4 c. 39 extended to the Reign of His late Majesty King George the Fourth intituled An Act for preventing
frauds upon
Creditors by secret warrants of Attorney to confess Judgment: and whereas it is expedient to extend the provisions of that Act; be it enacted and ordained that the last mentioned Act shall extend to the provisional or other Assignee or Assignees of every Prisoner whose Estate shall after the expiration of Twenty one days next after his execution of such warrant of Attorney or giving of such Cognovit Actionem as therein mentioned, be vested in the Provisional Assignee of the Court, by virtue of this Ordinance, as if the last mentioned Act had been expressly herein enacted and ordained; and every such warrant of Attorney, and Judgment and execution thereon, and every such Cognovit Actionem and Judginent entered up thereon as are declared by the last mentioned Act to be fraudulent and void against the Assignees mentioned therein shall be deemed equally fraudulent and void against the Official or other Assignee or Assignees of such Debtor appointed under this Ordinance; and such Official or other Assignee or Assignees shall be entitled to recover back, and receive for the use of the Creditors of such Debtor, all and every the monies levied and effects scized under or by virtue of any such Judgment or execution.
Proof in Court or in
Officer appointed or by Affidavit.
CXII. Every Creditor of the Bankrupt may after adjudication prove his debt by Chambers or before deposition in Court or in Chambers or before any Officer appointed for that purpose at any meeting of Creditors elsewhere than in Court, or by affidavit upon his own oath, or upon that of any other person in his employment: Provided that where such Depo- sition or Affidavit shall be made by any other Person than the Creditor, the deponent shall in his Deposition or Affidavit, set forth that he is duly authorized by his principal to make the Deposition or Affidavit, and that it is within his own knowledge, that the debt was incurred, and for the consideration stated, and that to the best of his know- ledge and belief the debt still remains unpaid and unsatisfied
Proof by post.
CXIII. Every Creditor of the Bankrupt may also after adjudication, prove his debt, by delivering or sending through the General Post, before the appointment of a Creditors Assignee to the Official Assignee and after such appointment to the Creditors' Assignee a statement of such debt and of the Account if any between the Creditor and
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