718598-1863-HONGKONG-ANNO-VICESIMO-SEPTIMO-VICTORIE-REGINE-NO--OF-1863- — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 31st OCTOBER, 1863.

A Copy of the Petition for Adjudication shall be served personally on the Debtor either within the Jurisdiction, or in such Place or Country, or within such limits abroad

direct. purpose as the Court shall upon application for that

Such Copy of Petition shall have endorsed thereon, a Memorandum in a form to be settled by General Order, specifying the time within which the Debtor is to appear on such Petition: and such time shall, when the service is to be made out of this Colony, be the time which the Court shall think reasonable, having regard to the Place

Country where the service is to be made.

or

In no case shall the time for appearance be less than Fifteen Days after service. If such personal service be not effected the Court must be satisfied that every reason- able effort was made to effect the same, and that the attempts to serve such Petition came to the knowledge of the Debtor and were defeated by his conduct.

293

the Petitioning Cre-

XII. If any Debtor after the filing of any Petition for Adjudication against him Compounding with shall pay money to the Petitioning Creditor or give or deliver to such Petitioning the P Creditor any satisfaction or security for his debt or for any part thereof, whereby such Petitioning Creditor may receive more in the pound in respect of his debt than the other Creditors, such payment, gift, delivery, satisfaction or security shall be an act of Bankruptcy; and if any Adjudication shall have been made upon such Petition, the Court may either declare such Adjudication to be valid and direct the same to be proceeded in; or may order it to be annulled and a new Petition for Adjudication to be filed, which may be supported either by Proof of such last mentioned or any other act of Bankruptcy.

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Colony.

Lying in or escap- ing out of Prison.

XIII. The filing of a Petition by a Debtor for relief as an Insolvent Debtor, after Petitions for adju the passing of this Ordinance in any Court having Jurisdiction for the relief of In- dication out of this solvent Debtors in any of Her Majesty's Dominions, Colonies, or Dependencies, shall be evidence of an act of Bankruptcy committed by the Debtor at the date of such Peti- tion; and the filing of a Petition, in any of the said Courts, after the passing of this Ordinance against a Debtor for Adjudication of Insolvency, or Bankruptcy, followed by such an Adjudication shall together with such Adjudication be evidence of an act of Bankruptcy committed by the Debtor at the date of the filing of such Petition.

XIV. If any Debtor having been arrested or committed to prison for debt or on shall money upon such or any other arrest or com- any attachment for non-payment of mitment for debt or non-payment of money, or upon any detention for debt lie in Prison Fourteen Days, or having been arrested for any cause shall lie in Prison as aforesaid after any detainer for debt lodged against him and not discharged; every such Debtor shall thereby be deemed to have committed an act of Bankruptcy from the time of such arrest, commitment or detainer: or if any such Debtor having been arrested, committed or detained for Debt shall escape out of Prison or Custody, every such Debtor shall be deemed to have committed an act of Bankruptcy from the time of such arrest, commitment or detention: but no Debtor shall be adjudged Bankrupt on the ground of having laid in Prison as aforesaid, unless having been summoned he shall not offer such Security for the debt or debts in respect of which he is imprisoned or detained as the Court shall see fit: and when such Debtor is in Custody such Sum- mons shall be delivered to the Person in whose Custody he is: who shall bring him up according to the Summons, at the cost of such Person as the Court shall determine.

Debtor suffering ex-

on his Goods,

XV. If the goods or chattels of any Debtor be seized and sold under an execu- tion issued in any Action for the recovery of any debt or money demand exceeding ecution to be levied Fifty Pounds such Debtor shall be deemed to have committed an act of Bankruptcy from the date of the said seizure; but the Execution Creditor shall be entitled to the proceeds of the sale notwithstanding such act of Bankruptcy: Provided that if the Debtor be adjudged a Bankrupt within Fourteen Days from the Day of such Sale, the proceeds of such sale shall be paid by the Creditor to the Assignee under the Bank- ruptcy, after deducting the Costs and Expenses of the sale and of the Action and Execu- tion upon

which such Sale was grounded, and such sum may be recovered by the Assignee from the Execution Creditor as if it were a Debt due to the Bankrupt's Estate. XVI. No Person shall be liable to become Bankrupt by reason of any act of Bankruptcy committed more than Twelve Months prior to the filing of any Petition in for Adjudication against him and no Adjudication shall be deemed invalid by reason of any act of Bankruptcy prior to the Debt of the Petioning Creditor: Provided there be a sufficient act of Bankruptcy subsequent to such Debt.

Act of Bankruptcy Twelve Months of the date of Petition.

to be committed with-

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