ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
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 judgment debtor summons, requiring him to appear and be examined respecting his ability to satisfy the debt.
any
587
If order of any Court directing payment of money be
20. If after the commencement of this Ordinance an order of Court having power to direct the payment of money by way of costs or otherwise be made ordering the payment of any sum amounting to three hundred dollars upon a certain day, and such 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 judgment debtor summons.
the person entitled to the money may sue out judgment debtor Summons,
21. The judgment debtor summons shall issue out of the Court, and must be a summons in respect of a judgment given after the passing of this Ordinance.
22. When the debtor is in the Colony of Hongkong the summons shall be served personally, unless the Court shall in any case direct that service in some other manner shall be good.
be given after the passing of this Ordinance.
Summons to be served personally.
summons out of the Colony.
23. 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.
24. 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 cost of the summoning creditor.
25. 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 such other newspaper or newspapers as the Court may direct, requiring him to appear on a day named, being not less than fourteen days after the publication of the first notice.
26. 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
Duplicate of summons.
Insertion of notice in Hongkong Government Gazette.
Examination of debtor.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
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 re- specting his ability to satisfy the debt.
any
587
If order of any Court direct-
ing payment of money be
20. If after the commencement of this Ordinance an order of Court having power to direct the payment of money by way of costs or otherwise be made ordering the payment of any sum amounting to three disobeyed, hundred dollars upon a certain day, and such 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 judgment debtor summons.
the person entitled to the money may sue out judg ment debtor Summons,
21. The judgment debtor summons shall issue out of the Court, and Judgment to must be a summons in respect of a judgment given after the passing of this Ordinance.
22. When the debtor is in the Colony of Hongkong the summons shall be served personally, unless the Court shall in any case direct that service in some other manner shall be good.
be given after. the passing of this Ordi-
nance.
Summons to be served per- sonally.
summons out of the Colony.
23. When the debtor is not in the Colony of Hongkong, the Court, Service of 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.
24. 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 cost of the summoning creditor.
25. 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 such other newspaper or newspapers as the Court may direct, requiring him to appear on a day named, being not less than fourteen days after the publication of the first notice.
26. 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
Duplicate of
summons.
Insertion of notice in Hongkong Government Gazette.
Examination
of debtor.
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