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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
Service of Summons where person keeps out of the way.
•
Power to examine
present at any sitting.
ap-
papers, deeds, writings or other documents in his custody or power which may appear to the Court necessary to the verification of the deposition of such person, or to the full disclosure of any of the matters which the Court is authorized to enquire into: and if such person so summoned as aforesaid shall not come before the Court at the time pointed, having no lawful impediment, (made known to the Court at the time of its sitting and allowed by it,) the Court may by warrant authorize and direct the person or persons therein named for that purpose to apprehend and arrest such person and bring him before the Court for examination.
way
CCXIV. Where it shall be shown by affidavit to the satisfaction of the Court that any person to whom any such summons is directed as aforesaid is keeping out of the and cannot be personally served therewith and that due pains have been taken to effect such personal service, the Court may order by endorsement upon the summons, that the delivery of a copy of such summons to the wife or servant or some adult inmate of the house or family of the person, at his usual or last known place of abode or business and explaining the purport thereof to such wife, servant or inmate, shall be equivalent to personal service, and in every such case the service of such summons in pursuance of such order shall be, and be deemed and taken to be of the same force and effect to all intents and purposes as if the party to whom such summons was directed had been personally served therewith.
CCXV. Upon the appearance of any person summoned or brought before the persons summoned or Court upon any warrant as aforesaid, or if any person be present at any sitting of the Court, the Court may examine every such person upon oath, either by word of mouth, or by interrogatories in writing, concerning the person, trade, dealings or estate of any Bankrupt, or concerning any act or acts of bankruptcy by any Bankrupt committed: and to reduce into writing the answers of every such person, and such answers so reduced into writing, such person examined is hereby required to sign and subscribe.
No adjudication,&c.
CCXVI. No petition for adjudication shall be dismissed nor any adjudication re- to be dismissed by versed or annulled by reason only, that the petition or adjudication, or act of bankruptcy reason only of concert. has been concerted or agreed upon between the Bankrupt, his Solicitor or Agent, or any
Agent receiving notice of act of bank- ruptcy.
Goods, &c., of a
Sheriff.
of them and any creditor or other person.
CCXVII. If any accredited Agent of any body corporate or public company shall have had notice of any act of bankruptcy such body corporate or company shall be deemed to have had such notice.
CCXVIII. Whenever the goods and chattels of a Debtor are sold under an execu- debtor to be sold by tion, upon any judgment, recovered in any action brought for the recovery of a debt, or money demand, or damages against any Debtor exceeding £50 such goods and chattels, shall in all cases, unless the Court shall otherwise direct, be sold by the Sheriff by public auction, and not by bill of sale, or private contract, and such sale shall be publicly advertised by the Sheriff on and during three days next preceding the sale: and no Sheriff shall incur any liability by reason of anything done by him under this Ordinance.
Documents not to
be received without a stamp.
take.
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CCXIX. No document which by any General Order shall be required to have a stamp impressed thereon, shall be received or filed, or be used in relation to any pro- ceeding in the Courts, or be of any validity for any purpose whatever unless or until Proviso where so the same shall have the proper stamp impressed or affixed thereon: Provided always received through mis- that if at any time it shall appear that any document, which ought to have had such stamp has, through mistake or inadvertence, been received or filed or used without having such stamp, the Courts may order that such stamp shall be impressed or affixed thereon; and when a stamp shall have been so impressed or affixed on such document, such document and every proceeding in reference thereto shall be as valid and effectual as if such stamp had been impressed or affixed thereon in the first instance: and the docu- ment. if unstamped, or not sufficiently stamped, shall not be received in évidence until the whole, or, as the case may be, the deficiency of the stamp duty, together with the penalty of one pound shall have been paid.
Court may proceed
CCXX. If any Bankrupt shall die after adjudication, the Court may proceed in the notwithstanding death bankruptcy as if any such Bankrupt were living.
of Bankrupt.
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