1890_BANKRUPTCY_AND_INSOLVENCY_ORDINANCE — Page 57

HK Historical Laws 香港歷史法例 All AI Reviewed

636

and against persons whom the bankrupt might have sued had he not been

adjudged bankrupt.

Advertisement when evidence.

On death of witness office deposition or Copy thereof

ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

the same with due diligence and with effect, the Gazette containing such advertisement shall be conclusive evidence in all cases as against such bankrupt, and in all actions at Law or suits in Equity brought by the assignees for any debt or demand for which such bankrupt might have sustained any action or suit had he not been adjudged bankrupt, that such person so adjudged bankrupt became a bankrupt before the date and filing of the petition for adjudication, and that such petition was filed on the day on which the same is stated in the Gazette to bear date.

183. A copy of the Hongkong Government Gazette and of any newspaper containing any such advertisement as is by this Ordinance directed or authorised to be made therein respectively, shall be evidence of

any matter therein contained, and of which notice is by this Ordinance directed or authorised to be given by such advertisement.

184. In the event of the death of any witness deposing to the petitioning creditors debt, or act of bankruptcy, or under any petition for arrangement, the deposition of any such deceased witness, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall in all cases be received as evidence of the matters therein respectively contained.

Persons competent to give evidence.

185. All persons competent and compellable to give evidence in any Court of Law in the Colony shall be competent and compellable to give

evidence in any matter or proceeding arising under this Ordinance.

Judicial notice to be taken of

188. All Courts, Judges, Justices, and persons judicially acting, and other officers, shall take judicial notice of the signature of any Judge, Official Assignee or other officer of the Court, and of the seal of the Court, subscribed or attached to any judicial or official proceeding or document to be made or signed under the provisions of this Ordinance.

signature of Judge or other officer and seal of Court.

Forging signature of officer or the seal of the Court, &c., felony.

187. If any person shall forge the signature of any Judge or of the Official Assignee, or other officer of the Court, or shall forge or counterfeit the seal of the Courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such Judge, Official Assignee, or other officer, or a false or counterfeit seal of the Court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be

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636 and against persons whom the bankrupt might have sued had he not been adjudged bankrupt. Advertisement when evidence. On death of witness office deposition or Copy thereof ORDINANCE No. 5 OF 1864. Bankruptcy and Insolvency. the same with due diligence and with effect, the Gazette containing such advertisement shall be conclusive evidence in all cases as against such bankrupt, and in all actions at Law or suits in Equity brought by the assignees for any debt or demand for which such bankrupt might have sustained any action or suit had he not been adjudged bankrupt, that such person so adjudged bankrupt became a bankrupt before the date and filing of the petition for adjudication, and that such petition was filed on the day on which the same is stated in the Gazette to bear date. 183. A copy of the Hongkong Government Gazette and of any newspaper containing any such advertisement as is by this Ordinance directed or authorised to be made therein respectively, shall be evidence of any matter therein contained, and of which notice is by this Ordinance directed or authorised to be given by such advertisement. 184. In the event of the death of any witness deposing to the petitioning creditors debt, or act of bankruptcy, or under any petition for arrangement, the deposition of any such deceased witness, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall in all cases be received as evidence of the matters therein respectively contained. Persons competent to give evidence. 185. All persons competent and compellable to give evidence in any Court of Law in the Colony shall be competent and compellable to give evidence in any matter or proceeding arising under this Ordinance. Judicial notice to be taken of 188. All Courts, Judges, Justices, and persons judicially acting, and other officers, shall take judicial notice of the signature of any Judge, Official Assignee or other officer of the Court, and of the seal of the Court, subscribed or attached to any judicial or official proceeding or document to be made or signed under the provisions of this Ordinance. signature of Judge or other officer and seal of Court. Forging signature of officer or the seal of the Court, &c., felony. 187. If any person shall forge the signature of any Judge or of the Official Assignee, or other officer of the Court, or shall forge or counterfeit the seal of the Courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such Judge, Official Assignee, or other officer, or a false or counterfeit seal of the Court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be
Baseline (Original)
636 and against persons whom the bankrupt might have sued had he not been adjudged bankrupt. Advertise- ment when sevidence. On death of witness office deposition or Copy thereof ORDINANCE No. 5 OF 1864. Bankruptcy and Insolvency. the same with due diligence and with effect, the Gazette containing such advertisement shall be conclusive evidence in all cases as against such bankrupt, and in all actions at Law or suits in Equity brought by the assignees for any debt or demand for which such bankrupt might have sustained any action or suit had he not been adjudged bankrupt, that such person so adjudged bankrupt became a bankrupt before the date and filing of the petition for adjudication, and that such petition was filed on the day on which the same is stated in the Gazette to bear date. 183. A copy of the Hongkong Government Gazette and of any newspaper containing any such advertisement as is by this Ordinance directed or authorised to be made therein respectively, shall be evidence of any. matter therein contained, and of which notice is by this Ordinance directed or authorised to be given by such advertisement. 184. In the event of the death of any witness deposing to the peti- tioning creditors debt, or act of bankruptcy, or under any petition for to be evidence. arrangement, the deposition of any such deceased witness, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall in all cases be received as evidence of the matters therein respectively contained. Persons com- 185. All persons competent and compellable to give evidence in any petent to give Court of Law in the Colony shall be competent and compellable to give evidence in any matter or proceeding arising under this Ordinance. evidence. Judicial notice to be taken of 188. All Courts, Judges, Justices, and persons judicially acting, and other officers, shall take judicial notice of the signature of any Judge, Judge orother assignee or other officer of the Court, and of the seal of the Court, sub- scribed or attached to any judicial or official proceeding or document to be made or signed under the provisions of this Ordinance. signature of officer and seal of Court. Forging signature of officer or the seal of the Court, &c., felony. 187. If any person shall forge the signature of any Judge or of the Judge orother Official Assignee, or other officer of the Court, or shall forge or counterfeit the seal of the Courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceed- ing or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such Judge, Official Assignee, or other officer, or a false or counterfeit seal of the Court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be
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636

and against persons whom the bankrupt might have sued had he not been

adjudged bankrupt.

Advertise- ment when sevidence.

On death of witness office

deposition or Copy thereof

ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

the same with due diligence and with effect, the Gazette containing such advertisement shall be conclusive evidence in all cases as against such bankrupt, and in all actions at Law or suits in Equity brought by the assignees for any debt or demand for which such bankrupt might have sustained any action or suit had he not been adjudged bankrupt, that such person so adjudged bankrupt became a bankrupt before the date and filing of the petition for adjudication, and that such petition was filed on the day on which the same is stated in the Gazette to bear date.

183. A copy of the Hongkong Government Gazette and of any newspaper containing any such advertisement as is by this Ordinance directed or authorised to be made therein respectively, shall be evidence of

any. matter therein contained, and of which notice is by this Ordinance directed or authorised to be given by such advertisement.

184. In the event of the death of any witness deposing to the peti- tioning creditors debt, or act of bankruptcy, or under any petition for to be evidence. arrangement, the deposition of any such deceased witness, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall in all cases be received as evidence of the matters therein respectively contained.

Persons com-

185. All persons competent and compellable to give evidence in any petent to give Court of Law in the Colony shall be competent and compellable to give

evidence in any matter or proceeding arising under this Ordinance.

evidence.

Judicial

notice to be taken of

188. All Courts, Judges, Justices, and persons judicially acting, and other officers, shall take judicial notice of the signature of any Judge, Judge orother assignee or other officer of the Court, and of the seal of the Court, sub- scribed or attached to any judicial or official proceeding or document to be made or signed under the provisions of this Ordinance.

signature of

officer and

seal of Court.

Forging signature of

officer or the seal of the Court, &c., felony.

187. If any person shall forge the signature of any Judge or of the Judge orother Official Assignee, or other officer of the Court, or shall forge or counterfeit the seal of the Courts, or knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceed- ing or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such Judge, Official Assignee, or other officer, or a false or counterfeit seal of the Court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall be

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