718598-1863-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO--OF-1863- — Page 31

Government Gazette 政府憲報 轅門報 All

320

THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.

Assignee disobeying direction to pay or

ting co-Assignee to

be charged with 20

per cent.

CLXXXIV. If any Assignee shall retain in his hands for more than one week or invest money, and re- employ for his own benefit, or knowingly permit any co-Assignee so to retain or taining it, or permit- employ any sum to the amount of more than fifty pounds, part of the estate of any Bank- retain or employ it to rupt, or shall neglect to invest any money when directed by the Court, every such Assignee shall be liable to be charged in his account with such sum as shall be equal to interest at the rate of twenty per centum per annum on all such moneys for the time during which he shall have so retained or employed the same or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same: and the Court is hereby required to charge every such Assignee in his account accordingly.

Petitioning Creditor compounding with

tion.

CLXXXV. If any petitioning Creditor shall after adjudication receive any money. Debtor after adjudica- satisfaction or security for his debt or any part thereof, whereby such petitioning Creditor may receive more in the pound in respect of his debts than the other Creditors, such petitioning Creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction or security, or the full value thereof to the Assignee or Assignees, of such Bankrupt for the benefit of the Creditors of the Bankrupt.

Concealing Bank- rupts effects.

making discovery,

CLXXXVI. Any person who shall conceal any real or personal estate of the Bank- rupt and who shall not within forty-two days after the filing of the petition for adju- dication, discover such estate to the Court or to the Assignees shall forfeit the sum Allowance to persons of one hundred pounds, and double the value of the estate so concealed: and any person who shall after such time voluntarily discover to the Court or to the Assignees any part of such Bankrupt's estate not before come to the knowledge of the Assignees shall be allowed five per centum thereupon and such further reward as the Assignees with the consent of the Court shall think fit; to be paid out of the estate recovered on such discovery.

Inserting advertise-

rity,

CLXXXVII. Any person who shall insert or cause to be inserted in the Hongkong ments without autho- Government Gazetle or in any newspaper any advertisement under this Ordinance, without authority or knowing the same to be false in any material particular shall be guilty of a misdemeanor, and the Court may order any person it shall see fit to indict the offender, who upon conviction shall be liable to be imprisoned for any term not exceeding two years.

Gaoler suffering

CLXXXVIII. If any Keeper of any Prison or any Gaoler to whose custody any persons committed, to Bankrupt or other person shall be duly committed shall refuse to receive such Bank- rupt or other person, or shall suffer him to escape, every such Keeper or Gaoler shall forfeit five hundred pounds.

escape, &c.

Power for Court to

CLXXXIX. If any person shall wilfully disobey any rule or order or any general commit persons wil-order of the Court duly made for the enforcing any of the purposes and provisions of rule or order of Court. this Ordinance, the Court may by warrant commit the person so offending to prison,

there to remain without bail until the Court shall see fit.

fully disobeying any

der

how to be sued for.

Money forfeited un- CXC. All sums of money forfeited under this Ordinance may be sued for by the this Ordinance, Creditors' Assignee or such other person as the Court shall by order direct. And And how applied. the money so recovered (the charges of suit being deducted) shall be paid over to such Bank or person and to the credit of such person or fund as the Court shall by order direct.

Penalty for assault- CXCI. If any Officer of the Court shall be assaulted while in the execution of ing Officer of the Court. his duty or if any rescue shall be made or attempted to be made of any goods taken

Officer neglecting to take possession.

under process of the Court the person so offending shall be liable to a fine not exceed- ing five pounds to be recovered by order of the Court, and it shall be lawful for any Peace officer in any such case to take the offender into custody with or without warrant and bring him before the Court.

J

CXCII. If any officer or person who shall be employed by the Court to take possession of any goods and chattels, shall by neglect, connivance or omission, lose the opportunity of taking such possession, then upon the complaint of the party aggrieved by reason of such neglect, connivance or omission (and the fact alleged being proved to the satisfaction of the Court) the Judge shall order such officer or person to pay such damages as shall appear to have been sustained thereby, and such officer or person shall be liable to pay the same, and upon demand made thereof, and upon his refusal so to pay and to satisfy the same; payment thereof shall be enforced by such ways and means as are herein provided for the enforcing the orders of the Court.

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