THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
extent served and levied by seizure and sale upon, or any mortgage of or lien upon any of the property of such Bankrupt before the filing of the petition for adjudication. part
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CXL. The Court may at any time expunge or reduce a proof of debt on such How proof may be application and such evidence as it shall think fit, and for the purpose may summon and expunged, examine upon oath or otherwise any person who shall have proved together with any person whose evidence may appear to the Court to be material cither in support of or opposition to such debt, and may make such order as to the costs of any application
in
in that behalf as it shall see fit.
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CXLI. Fourteen days after any Bankrupt shall have passed his last examination, order of discharge. the Court may make an order to be called an order of discharge, and such order shall thereupon take effect from the date thereof except the same be suspended as herein- after provided.
proveable under his
CXLII. When the order of discharge shall take effect it shall, subject to any con- To discharge Bank- dition mentioned therein, discharge the Bankrupt from all debts claims and demands rupt from all claims provable under his bankruptcy, and from the effects of any process issuing out of any Bankruptcy. Court for contempt of any Court for non-payment of money, or of costs or expenses in any Court, and from all costs which he would be liable to pay in consequence of or on purging his contempt and any Bankrupt in custody under any such process as aforesaid shall on obtaining his discharge be entitled to be discharged from such custody forthwith.
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under contracts, &c.,
CXLIII. No Bankrupt after the order of discharge shall take effect shall be liable Bankrupt not liable to pay or satisfy any debt claim or demand provable under the Bankruptcy, or any made after filing peti- part of such debt, claim or demand upon any contract, promise or agreement made after tion for adjudication. the filing of the petition for adjudication.
cf misdemeanor, Court may suspend or refuse order of discharge.
CXLIV. If the Assignec or any Creditor shall allege and if the Court without If Bankrupt guilty such allegation shall be of opinion that there is ground for charging the Bankrupt with Acts or Conduct amounting to a misdemeanor under this Ordinance, the Court may direct the Creditors' Assignee or the Official Assignee to act as prosecutor to prosecute such Bankrupt under this Ordinance; and in any such case the Order of discharge of such Bankrupt shall not be granted until after the trial of such Bankrupt, and may thereupon be granted or wholly refused or suspended from taking effect or be granted upon such conditions as the Court shall think fit.
CXLV. If it shall appear to the Court that the Bankrupt has carried on trade by means of fictitious capital, or that he could not at the time when any of his debts were contracted have had any reasonable or probable ground of expectation of being able to pay the same, or that he has with intent to conceal the true state of his affairs wilfully omitted to keep proper books of account, or that his bankruptcy is attributable to rash and hazardous speculation or unjustificable extravagance in living, or that he has put any of his Creditors to unnecessary expense by frivolous or vexatious defence to any Action or Suit to recover any debt or money due to him, the Court may either refuse an order of discharge or may suspend the same from taking effect for such time as it shall think fit, or may grant an order of discharge subject to any conditions touching any salary, pay, emoluments, profits, wages, earnings or income which may afterwards become due to the Bankrupt, and touching after acquired property of the Bankrupt, as it shall think fit or may sentence the Bankrupt to be imprisoned for any period not exceeding one year.
If Bankrupt carried
on trade by fictitious capital, Court may
refuse or suspend
order.
CXLVI. If after the order of discharge of such Bankrupt shall have taken effect, he Effect of order of be arrested, or if any action be brought against him for any debt claim or demand discharge. proveable under the Bankruptcy he shall be discharged upon entering an appearance
and may plead that the cause of action accrued before he became a Bankrupt.
when arrested after
CXLVII. If a Bankrupt after the order of discharge shall take effect shall be arrested Release of Bankrupt or detained in custody for a debt claim or demand provable under his bankruptcy discharge. where Judgment has been obtained before the order of discharge shall take effect the Court or the Supreme Court shall on proof of the order of discharge and unless there appear good reason to the contrary direct the Officer who has the Bankrupt in custody to discharge him, which shall be done without fee.
CXLVIII. The order of discharge shall not release or discharge any person who Effect of order in was a partner with Bankrupt at the time of the bankruptcy or was then jointly bound case of partners. or had any joint contract with him.
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