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THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.
If Bankrupt do not
Gazette to be
the Bankrupt and
the Bankrupt might
aforesaid, or of such part thereof as shall be required receiving such fee or sum or rate of charge as may be authorized in that behalf.
CXCIX. If the Bankrupt shall not (if he were within the Colony at the date of the dispute the petition adjudication) within (two calendar months) after the advertisement of the Bankruptcy conclusive evidence of in the Hongkong Government Gazette, or if he were elsewhere at the date of such adjudi bankruptcy as against cation within twelve months after such advertisement, have commenced an action, suit against persons whom or other proceeding to dispute or annul the petition for adjudication, and shall not have have sued had he not prosecuted the same with due diligence and with effect, the Gazette containing such been adjudged Bank-advertisement shall be conclusive evidence in all cases as against such Bankrupt, and in all actions at Law or suits in Equity brought by the Assignees for any debt or demand for which such Bankrupt might have sustained any action or suit had he not been adjudged Bankrupt, that such person so adjudged Bankrupt became a Bankrupt before the date and filing of the petition for adjudication, and that such petition was filed on the day on which the same is stated in the Gazette to bear date.
rupt.
Advertisements when evidence.
On death of witness office deposition or
evidence.
CC. A copy of the Hongkong Government Gazette and of any newspaper containing any such advertisement as is by this Ordinance directed or authorized to be made therein respectively, shall be evidence of any matter therein contained, and of which notice is by this Ordinance directed or authorized to be given by such advertisement,
CCI. In the event of the death of any witness deposing to the petitioning creditors copy thereof to be debt, or act of Bankruptcy, or under any petition for arrangement, the deposition of any such deceased witness, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so scaled shall in all cases be received as evidence of the matters therein respectively contained..
Persons competent to give evidence.
Judicial notice to be
CCII All persons competent and compellable to give evidence in any Court of Law in the Colony shall be competent and compellable to give evidence in any matter or proceeding arising under this Ordinance.
CCIII. All Courts, Judges, Justices, and persons judicially acting, and other officers, taken of signature of shall take judicial notice of the signature of any Judge, Assignee or other Officer of the Court, and of the seal of the Court, subscribed or attached to any judicial or official pro- ceeding or document to be made or signed under the provisions of this Ordinance.
Judge or other Officer and seal of Court.
Forging signature CCIV. If any person shall forge the signature of any Judge or of the Official Assignee, of Judge or other Offer or the seal or or other officer of the Court, or shall forge or counterfeit the seal of the Courts, or know. the Court, &c., felony. ingly concur in using any such forged or counterfeit signature or seal, for the
Evidence as to In- solvency.
purpose of authenticating any proceeding or document, or shall tender in evidence any such proceed ing or document with a false or counterfeit signature of any such Judge, Official Assignee, or other Officer, or a false or counterfeit seal of the Court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be liable to be indicted and on conviction to be imprisoned and kept to hard labour for any time not exceeding two years.
CCV. A copy of any petition filed in any Court having jurisdiction for the relief of Insolvent Debtors, or in Bankruptcy, in any of Her Majesty's Dominions, Colonies or dependencies, and of any vesting order, schedule, order of adjudication or other proceed. ings, purporting to be signed by the officer in whose custody the same shall be or his deputy, certifying the same to be a true copy of such petition, vesting order, schedule, order of adjudication, or other order or proceedings, and appearing to be sealed with the seal of such Court, shall at all times be admitted under this Ordinance as suflicient evi- dence of the same, and of such proceedings respectively having taken place, without any other proof whatever given of the same.
As to affidavits, declarations, and affirmations.
CCVI. Any affidavit, declaration or affirmation required to be sworn or made in before relation to any matter under this Ordinance may be lawfully sworn-
Affidavits, declara- tions, &c.,
whom to be sworn.
Before the Court or before any officer appointed by the Court for that purpose, or before a Magistrate:
In any Colony, island, plantation, or place under the dominion of Her Majesty, before any Court, Judge, or person lawfully authorized to take and receive affida- vits, declarations, or affirmations.
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