174
ORDINANCES Nos. 2 AND 3 OF 1846.
Supreme Court.
Insolvent Debtors.
Laws of England in force on the 5th day of April, 1843, to be in force in the Colony when applicable.
[See Ord. No. 11 of 1865 s. 1.]
Rules and orders of Court to be subject to approval of Council, and to be published.
3. And be it further enacted and ordained, that from henceforth such of the laws of England only, and such portion of the practice of the English Courts, (subject to the exception of their applicability as contained in the said fourth section of Ordinance No. 6 of 1845,) as existed when the said Colony obtained a local legislature—that is to say, on the fifth day of April, one thousand eight hundred and forty-three—shall be of force therein.
4. And be it further enacted and ordained, that no future rule or order of the said Supreme Court, made in pursuance of the twenty-third section of the said Ordinance No. 6 of 1845, shall be deemed binding until the same shall be revised and approved of by the Legislative Council of the said Island; and that all such rules, immediately after such approval, shall be published in one or more of the newspapers published within the said Colony.
[Repealed by Ordinance No. 12 of 1873.]
No. 3 of 1846.
Title. [See Ordinances No. 8 of 1846 & No. 2 of 1849.]
Preamble.
Persons imprisoned for debt may apply to the Supreme Court in a summary way for discharge.
Time of petition.
What shall be stated in the petition.
An Ordinance for the Relief of Insolvent Debtors within the Colony of Hongkong.
[6th May, 1846.]
WHEREAS it is expedient that express provisions should be made for such cases of insolvency:
1. Be it therefore enacted and ordained by the Governor of Hongkong with the advice of the Legislative Council thereof, that from and after the time appointed for the commencement of this Ordinance, it shall be lawful for any person who shall be in actual custody within the walls of any prison in the Colony of Hongkong, upon any process whatsoever, for or by reason of any debt, damages, costs, sum or sums of money, or for or by reason of any contempt of any Court whatsoever, for non-payment of any sum or sums of money, or of costs taxed or untaxed, either ordered to be paid, or to the payment of which such person would be liable in purging such contempt, or in any manner in consequence or by reason of such contempt, at any time within the space of fourteen days next after the commencement of the actual custody of such prisoner, whether such commencement shall have been in the same prison, or in any other prison; or afterwards, if the Supreme Court of Hongkong shall in any case think reasonable to permit the same, to apply by petition in a summary way to the said Supreme Court for his discharge from such custody, according to the provisions of this Ordinance; and in such petition shall be stated the time and place of the first arrest of such prisoner in the cause or causes wherein he shall then be detained, and the time of his commitment to the prison where he shall
174
ORDINANCES Nos. 2 AND 3 OF 1846.
Supreme Court.
Insolvent Debtors.
Laws of England in force on the
5th day of April, 1843, to be in force in the Colony when applicable.
[See Ord. No. 11 of 1865 8. 1.]
Rules and orders.
of Court to be
subject to appro- val of Council, and to be publish- ed.
3. And be it further enacted and ordained, that from henceforth such of the laws of England only, and such portion of the practice of the English Courts, (subject to the exception of their applicability as contained in the said fourth section of Ordinance No. 6 of 1845,) as existed when the said Colony obtained a local legislature-that is to say, on the fifth day of April, one thousand eight hundred and forty-three-shall be of force therein.
4. And be it further enacted and ordained, that no future rule or order of the said Supreme Court, made in pursuance of the twenty-third section of the said Ordinance No. 6 of 1845, shall be deemed binding until the same shall be revised and approved of by the Legislative Council of the said Island; and that all such rules, immediately after such approval, shall be published in one or more of the newspapers published within the said Colony.
[Repealed by Ordinance No. 12 of 1873.]
No. 3 of 1846.
Title. [See Ordinances No. 8 of 1846 & No. 2 of 1849.]
Preamble.
Persons impri- Boned for debt may apply to the Supreme Court in a sum- nary way for discharge.
Time of petition. ing.
What shall be stated in the petition.
An Ordinance for the Relief of Insolvent Debtors within the Colony of
Hongkong.
[6th May, 1846.]
"HEREAS it is expedient that express provisions should be made for such cases
of insolvency:
WHE
1. Be it therefore enacted and ordained by the Governor of Hongkong with the advice of the Legislative Council thereof, that from and after the time appointed for the commencement of this Ordinance, it shall be lawful for any person who shall be in actual custody within the walls of any prison in the Colony of Hongkong, upon any process whatsoever, for or by reason of any debt, damages, costs, sum or sums of money, or for or by reason of any contempt of any Court whatsoever, for non- payment of any sum or sums of money, or of costs taxed or untaxed, either ordered to be paid, or to the payment of which such person would be liable in purging such. contempt, or in any manner in consequence or by reason of such contempt, at any time within the space of fourteen days next after the commencement of the actual custody of such prisoner, whether such commencement shall have been in the same prison, or in any other prison; or afterwards, if the Supreme Court of Hongkong shall in any case think reasonable to permit the same, to apply by petition in a summary way to the said Supreme Court for his discharge from such custody, according to the provisions of this Ordinance; and in such petition shall be stated the time and place of the first arrest of such prisoner in the cause or causes wherein he shall then be detained, and the time of his commitment to the prison where he shall
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