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THE FONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
Debtor Petitioning against himself.
Court may summon, Witnesses before Ad- judication.
Debtor Petitioning
XVII. If any Debtor petition for adjudication against himself under this Ordinance otherwise than in forma pauperis he shall be deemed to have committed an act of Bank ruptcy at the time of filing such Petition.
XVIII. The Court before adjudication may summon before it any Person whom such Court shall believe capable of giving any information concerning any act of Bank ruptcy committed by the Person against whom any Petition for Adjudication has bee filed, and may require any Person so summoned to produce any books, papers, deeds, writings and other documents in his custody, possession or power which may appear to the Court to be necessary to establish such act of Bankruptcy: and the Court may examine any such Person upon Oath by word of mouth or interrogatories in writing concerning such act of Bankruptcy.
XIX. Every Debtor who shall petition in forma pauperis under this Ordinance in forma pauperis. shall, if adjudged Bankrupt, be deemed to have committed an act of Bankruptcy at the
date of his commitment or detention as the case may be.
Judgment Creditor may sue out Sum- mons.
If order of any Court directing payment of
the Money may sue
As to acts of Bankruptcy by non-payment of the Judgment Debtor Summons and the Proceedings thereon.
XX. Any Judgment Creditor entitled to sue out against a Debtor a Writ of Capias ad satisfaciendum, or to charge the Debtor in execution in respect cf any Debt amount- ing to Fifty Pounds exclusive of Costs shall, upon filing an Affidavit of Debt in the Court, and at the end of One Week from the signing of Judgment, be entitled to sue out against a Debtor whether he be in custody or not a Summons, to be called a Judg ment Debtor Summons, requiring him to appear and be examined respecting his ability to satisfy the Debt.
any
XXI. If after the commencement of this Ordinance an Order of
Court having Money be disobeyed, power to direct the payment of money by way of Costs or otherwise be made ordering the Person entitled to the payment of any sum amounting to Fifty Pounds upon a certain Day and such. out Judgment Debtor Order be disobeyed the same having been duly served upon the Debtor the Person entitled to receive the money or interested in enforcing payment of it may, after Seven Days from the Day of payment mentioned in the said Order, sue out against the Debtor a Judginent Debtor Summons.
Summons.
Judgment to be
XXII. The Judgment Debtor Summons shall issue out of the Court and must be sing of this Ordinance, a Summons in respect of a Judgment given after the passing of this Ordinance.
given after the pas-
Summons to be serv-
ed personally.
Service of Summons out of the Colony.
Duplicate of Sum-
mons.
Insertion of Notice
in Hongkong Govern- ment Guzette.
Examination of
Lebtor.
Court may adjudge
XXIII. When the Debtor is in the Colony of Hongkong the Suminons shall be served personally, unless the Court shall in any case direct that service in some other manner shall be good.
XXIV. When the Debtor is not in the Colony of Hongkong the Court, upon such evidence as shall satisfy it that the service will be effectual to give notice to the Debtor, may order service to be made in such manner and form as it shall see fit and shall appoint a time by such Order for the appearance of the Debtor.
XXV. Where the Debtor is in Custody a Duplicate of the Summons shall be delivered to the Sheriff, Gaoler or other Person in whose Custody he is; who shall bring him up according to the Summons at the costs of the summoning Creditor.
XXVI. If service of the Summons be not effected and the Court is satisfied that the Debtor is keeping out of the way to avoid service, it may order that one or more notices be inserted in the Hongkong Government Gazette and in One or more News papers published in the District in which is the Debtor's usual or last known place of abode, requiring him to appear on a Day named being not less than Fourteen Days after the publication of the First Notice.
XXVII. Upon the appearance of the Debtor he may be examined on Oath, by or on behalf of the Creditor, and by the Court, respecting his ability to satisfy the Debt, and for the discovery of Property applicable in that behalf, and shall be bound to pro- duce on Oath or otherwise such books, papers and documents in his possession or power, relating to property applicable or alleged to be applicable to the satisfaction of the Debt, as the Court shall see fit, and to sign his examination when reduced to writing.
XXVIII. If after service of such Summons or due Notice thereof as aforesaid, the such Debtor Bank-Debtor shall not pay the Debt and Costs, or secure or compound for the same to the satisfaction of the Creditor, the Court may, on the appearance of the Debtor, or if he
rupt.
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