718598-1863-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO--OF-1863- — Page 30

THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.

8. If within the like time he shall knowing that he is at the time unable to meet his engagements fraudulently and with intent to diminish the sum to be divided amongst his Creditors, have made away with, mortgaged, encumbered, or charged any part of his property, of what kind soever, or if after adjudication he shall conceal from the Court or his Assignee any debt due to or from him:

9. If he shall, with intent to defraud his Creditors, within three months next before the filing of the petition for adjudication, pawn, pledge or dispose of, other- wise than by bonâ fide transactions in the ordinary way of his trade, or of his goods or chattels which have been obtained on credit and remain unpaid for:

10. If he shall, with intent to defraud his Creditors, after the filing of any petition for adjudication by or against him, pay money to any Creditor in satisfaction or secu- rity for his debt or for any part thereof, whereby such Creditor may receive more in the pound in respect of his debt than the other Creditors.

Jurisdiction

319

and

ceedings in respect of

CLXXVIII. If it shall at any time appear to any Court under this Ordinance that the Bankrupt has been guilty of any of the offences in the next preceding section set powers of Court in pro- forth, such Court shall have and may exercise such jurisdiction, rights, powers, and Bankrupt guilty of privileges, for the summoning, apprehending, committing, remanding, bailing, and any of offences herein otherwise proceeding in respect of such Bankrupt as are exercised by and vested in the Supreme Court in respect of persons charged with any felony or indictable misdemeanor.

before named.

Court may appoint Prosecutor.

CLXXIX. The Court may direct that the Creditors' Assignee, or if there be no Creditors' Assignee, the Official Assignee, or any of the Creditors of the Bankrupt, shall act as the Prosecutor in respect of such offence, and shall give to such Assignee or Creditor a certificate of the Court having so directed, which certificate shall be deemed sufficient proof of such prosecution having been directed as aforesaid: and upon the production of such certificate the costs of such prosecution shall be allowed Cost of Prosecution. by the Court before which any person shall be prosecuted or tried in pursuance of such direction, unless such lastmentioned Court shall specially otherwise direct, and when allowed by any such Court, such sum so allowed, shall be ordered by the said Court to be paid and borne in all respects in the same manner as the

expenses of pro- secutions for felonies are now paid and borne and the same shall be paid and borne accordingly.

direct reference to

CLXXX. The Court may direct the Assignees to lay the papers before the Power to Court to Attorney General, for his direction thereon, either while the bankruptcy is pending Attorney General. before the Court, or when it has been brought to a conclusion.

CLXXXI. In any indictment or information for any misdemeanor under this Indictment. Ordinance it shall be sufficient to set forth the substance of the offence charged without alleging or setting forth any debt, act of bankruptcy, petition, or adjudication, or any summons, warrant, order, rule or proceeding of the Court acting under this Or- dinance.

CLXXXII. Any person who shall upon any examination upon oath or affirmation, False evidence. or in any affidavit or deposition under this Ordinance, wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury.

to be sworn or refusing to answer or not fully

to sigu examination or

CLXXXIII. 'If any person shall refuse to be sworn, or shall refuse to answer any Any person refusing lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when answering or refusing reduced into writing (not having any lawful objection allowed by the Court) or shall to produce books, C., not produce any books, papers, deeds and writings, or other documents in his custody may be committed. or power, relating to any of the matters under inquiry, which sach person is required by the Court to produce, and to the production of which he shall not state any objec tion, allowed by the Court, it shall be lawful for the Court by warrant to commit such person to prison, there to remain without bail until he shall submit himself to the Court to be sworn, and full answers make to the satisfaction of the Court, to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed.

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