718598-1863-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO--OF-1863- — Page 34

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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.

In any foreign parts out of IIer Majesty's dominions, before a Judge or Magis- trate, his signature being authenticated by the official seal of the Court to which he is attached, or by a public notary, or before a British Minister, Consul or Vice- Consul:

323

Judicial notice of

thereto.

And every such Court, Judge, Officer, or other person is hereby authorized and re- quired to administer the oath upon any such affidavit or to take such affirmation or de-seal claration; and all Courts, Judges, Justices, Officers and persons acting judicially shall take judicial notice of the seal or signature (as the case may be) of any such Court, Judge, Officer or other person, attached, appended, or subscribed to any such affidavit or decla- ration, or to any other document to be used for the purposes of this Ordinance.

soners.

ог signature

CCVII. Any affidavit of any prisoner in Hongkong, to be used in any matter under Affidavits by pri- this Ordinance may be sworn before the Gaoler of such prison, and every such Gaoler is hereby required and authorized to administer the oath upon any such affidavit without fee or reward.

As to Costs.

costs.

Power to award

CCVIII. The Court may in all matters before it award such costs as shall seem fit and just; and all costs so awarded shall be recoverable in the same manner as costs Remedies for re- awarded by the Supreme Court may be recovered, and the like remedies may be had covering costs. upon an order of such Court for costs, as upon a rule or order of the said Supreme Court for costs.

search warrant.

CCIX. In all cases where it shall be made to appear to the satisfaction of the Court Court may grant that there is reason to suspect and believe that any property of any Bankrupt is conceal- ed in any house or other place not belonging to such Bankrupt, the Court may grant a search warrant to any person appointed by the Court, and it shall be lawful for such person and his assistants to execute such warrant according to the tenor thereof: and such

person shall be entitled to the same protection as is allowed by Law in execution of a search warrant for property reputed to be stolen or concealed.

CCX. Any Messenger of the Court and his Assistants, acting under warrant of the Court may break open any house, chamber, shop, warehouse, door, trunk or chest of the Bankrupt where such Bankrupt or any of his property is reputed to be and seize upon the body or property of such Bankrupt: and if the Bankrupt be in prison or in custody it shall be lawful for the Messenger and his Assistants to seize any property of the Bankrupt (his necessary wearing apparel only excepted) in the custody or possession of such Bankrupt or of any other person in any prison or place where such Bankrupt is in custody.

CCXI. The Court may summon any Bankrupt or Bankrupts' wife before it; whether the Bankrupt shall have obtained his discharge or not, and in case he or she shall not come at the appointed time, the Court may, upon proof of the service of such summons, if it shall see fit, direct by warrant any person the Court shall see fit to arrest such Bankrupt or Bankrupt's wife, and bring him or her before the Court; and the Court may examine such Bankrupt or Bankrupt's wife either by word of mouth or by interrogatories in writing, touching all matters relating to the dealings or estate of such Bankrupt, or which may tend to di-close any secret grant, conveyance, or concealinent of his lands tenements goods, money or debts, and the Court may reduce such examination or ex mi- nations into writing and the Bankrupt or Bankrupt's wife or both as the case may be shall sign and subscribe such examination or examinations respectively.

Messenger may

break open house, &c.

Court may summon and examine Bank- rupt and Bankrupt's wife.

If Bankrupt be keeping out of the way

Colony, Court may

CCXII. If in any case it shall be proved to the satisfaction of the Court, that any Bankrupt is keeping out of the way and cannot be personally served with a summons, or be about to quit the and that due pains have been taken to effect such personal service, or that there is pro- issue warrant. bable cause for believing that he is about to quit the Colony or to remove or conceal any of his goods or chattels unless he be forthwith apprehended, the Court may, by warrant, authorize and direct any person or persons it shall think fit, to apprehend and arrest such Bankrupt, and bring him before the Court to be examined in like manner as if he appeared upon a summons.

summon persons sus-

CCXIII. After adjudication the Court may summon before it any person known Court empowered to or suspected to have any of the estate of the Bankrupt in his possession or is supposed pected of having to be indebted to the Bankrupt or any person the Court may believe capable of giving Bankrupt's property. information concerning the person, trade, dealings or estate of the Bankrupt or concerning any act of bankruptcy committed by him, or any information material to the full dis- closure of his dealings: and the Court may require such person to produce any books,

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