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THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1863.
perty of Debtor,
he said Court shall have full power and authority to take such order and directions Court to have power ith the body of the Debtor as is mentioned in this Ordinance, as also with all his over Body and Pro- inds, cenements and hereditaments, both within this Colony and out of it, which he ball have in his own right before adjudication, as also with all such interest in any uch lands, tenements and hereditaments as such Debtor may lawfully depart withal nd with all his monies, fees, offices, annuities, goods, chattels, wares, merchandize nd debts wheresoever they may be found or known and to make or order sale thereof a manner herein mentioned, or otherwise order the same for satisfaction and payment f the Creditors of the Bankrupt.
ing Creditors Debts.
XLII. To entitle any Creditor to petition for adjudication against a Debtor, the Amount of petition- mount of the Debt of such Creditor shall be as follows, that is to say:
The Debt of a single Creditor or of two or more persons being partners shall
mount to Fifty Pounds or upwards.
The Debt of two Creditors shall amount to Seventy Pounds or upwards.
The Debt of three or more Creditors shall amount to One Hundred Pounds or pwards.
Debtor upon
valuable consideration for Every person who has given credit to any noney payable at a certain time, which time shall not have arrived when such Debtor committed an act of Bankruptcy may so petition or join in petitioning, whether he hall have any security for such sum or not.
dulently.
XLIII. If the Debt stated by the Petitioning Creditor in his Affidavit, or in his Petition filed frau- petition for adjudication, to be due to him from any Debtor, shall not be really due, or f after a Petition for adjudication be filed it shall not have been proved that the person gainst whom such Petition has been filed, was liable to an adjudication at the time of the filing of such Petition, and it shall also appear that such Petition was filed fraudu- lently or maliciously, the Court shall and may, upon petition of any person aggrieved by such petition, examine into the same, and order satisfaction to be made to him for the damages by him sustained.
XLIV. In the computation of Debts for the purposes of any Petition under this Computation of Debts. Ordinance
1. There shall be reckoned as Debts:-Sums due to Creditors holding mortgages or other available securities or liens after deducting the value of the property comprised in such mortgages, securities or liens.
2. Such interest and costs as shall be due in respect of any of the Debts.
1. But there shall not be reckoned.-The amount of any Debt in respect of which the Petitioner has already been adjudged entitled to have the benefit of the Ordinance No. 3,
1846.
2. Debts barred by any Statute of Limitations.
Creditor, whose
ners of a Firm may
XLV. Any Creditor whose Debt is sufficient to entitle him to petition for adju- Debt is sufficient to cation against all the partners of any firm may petition for such adjudication against entitle him to petition one or more partners, of such firm; and every such Petition shall be valid although it against all the Part- does not include all the partners of the firin; and in every Petition for adjudication petition against one: against two or more persons, the Court may dismiss the same as to one or more of and the Court may such persons, and the validity of such Petition shall not be thereby affected as to any person as to whom such Petition is not ordered to be dismissed, nor shall any such person's discharge be thereby affected.
XLVI. If the Petitioning Creditor shall not proceed and obtain adjudication within Three Days after his Petition shall have been filed or within such time as shall be allowed by the Court, the Court may at any time on the expiration of such Three Days, or of such extended time as the case may be, upon the Petition of other Creditor entitled to petition, proceed to adjudicate on such last mentioned Petition.
any
dismiss Petitions.
Where Petitioner
does not proceed.
the Debtor Bankrupt.
XLVII. The Court may upon due proof of the Petitioning Creditors Debt and Court may adjudge upon due proof of an act of Bankruptcy having been committed by the Debtor ad- judge the Debtor Bankrupt, and may appoint a day for the Bankrupt to surrender and conform.
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