hongkong-colonial-ordinances-1847 — Page 146

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ORDINANCES




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COLONIAL
Conveyance or Assignment, vest all the Real and Personal Estate
and Effects of such Prisoner, and all such future Real and Personal
Estate and Effects as aforesaid, of every Nature and Kind whatsoever,
and all such Debts as aforesaid, in the said Provisional Assignee :
Provided always, that in case the Petition of any such Prisoner shall
be dismissed by the said Court, such vesting Order made in Pursuance
of such Petition shall from and after such Dismission be null and
void to all Intents and Purposes : Provided also, that in case any
such vesting Order as aforesaid shall become null and void by the
Dismission of the Prisoner's Petition, all the Acts theretofore done
by the said Provisional Assignee, or any Person or Persons acting
under his Authority, according to the Provisions of this Ordinance,
shall be good and valid ; and no Action or Suit shall be commenced
against such Provisional Assignee, nor. against any Person duly
acting under his Authority, except to recover any Property, Estate,
Money, or Effects of such Prisoner, detained after an Order made by
the said Court for the Delivery thereof, and Demand made thereupon :
Provided also , that when such vesting Order shall have been made
on the Petition of a Creditor as aforesaid, it shall be lawful for the
said Court, if it shall seem just and right, but not without Proof
made to the Satisfaction of the said Court of the Consent of the
Petitioning Creditor, to make Order declaring such vesting Order to
be null and void, and the same shall thereupon be null and void to
all Intents and Purposes : Provided always, and it is hereby declared ,
that before or after the making of such vesting Order it shall and
may be lawful for the said Court, if it shall seem fit or expedient, to
order any necessary Conveyance by the said Insolvent of the whole
or part of his Real or Personal Estate, or Effects or Assets whatso-
*
ever, which may be situated Abroad or out of the said Colony.

Prisoners within the IV. And be it enacted and ordained, That no Prisoner shall
Walls only to petition ; upon his own Petition be entitled to the Benefit of this Ordinance
who shall not be at the Time of filing his Petition, and during all
the Proceedings thereon, in actual Custody within the Walls of the
Prison, without any Intermission of such Imprisonment by Leave of
Except in certain the Court or otherwise : Provided always, that if, after any such
cases.
Prisoner shall have obtained an Order to be brought up in order to
be dealt with according to the Provisions of this Ordinance, it shall
appear to the Satisfaction of the said Court, by the Oath or Affidavit
of a Physician, Surgeon, or Apothecary, and such other Evidence as
the said Court may require, that such Prisoner cannot continue to
reside within the Walls of any such Prison without serious Injury
to the Health of such Prisoner, or that for the sake of the Health of
the Prisoners in general, it is necessary that the Number thereof
within the Walls of any such Prison should be reduced, it shall be
lawful for the said Court to dispense with such actual Custody of
any such Prisoner within the Walls as is hereinbefore mentioned ;
Provided that if any such Prisoner, having obtained such Dispensation,
shall go beyond the Rules and Liberties in which he shall in pur-
suance thereof be confined, such Prisoner shall thereby be deprived
Power to Court to of all Benefit of this Ordinance : Provided also, that after any Order
direct Prisoner to be
discharged on his find- shall have been made under this Ordinance directing any Insolvent
ing
at Sureties Place to be brought up in order to be dealt with according to the Provisions
to attend
Time and
of Hearing. of this Ordinance, it shall be lawful for the said Court, if such Court
shall think fit so to do, and on such Notice to the detaining Creditor
or