hongkong-colonial-ordinances-1847 — Page 152

14 COLONIAL ORDINANCES.


commenced, by any such Assignee or Assignees, without the Consent
in Writing of the Major Part in Value of the Creditors of such
Prisoner then residing in the said Colony, who shall meet together
pursuant to a Notice of such Meeting, to be published at least
Fourteen Days before such Meeting in the Two aforesaid Newspapers,
nor without the Approbation of the said Court.

Creditors to vote ac- XVI. And be it enacted and ordained, That all Matters wherein
cording to Balance
to them on Account due Creditors shall vote, or wherein the Assent or Dissent of Creditors
fairly stated. shall be exercised in pursuance of or in carrying into effect this
Ordinance, every Creditor shall be accounted such in respect of such
Amount only as upon an Account fairly stated between the Parties,
after allowing the Value of Mortgaged Property, and other such
available Securities and Liens, shall appear to be Balance due ; and
that all Disputes arising in such Matters concerning any such
Amount shall, upon Application duly made in that Behalf, be
examined into by the said Court, who shall have Power to determine
the same, and, if it seem fit, to refer the Examination thereof to an
Officer of the said Court, or to an Examiner to be appointed for that
Purpose by the said Court ; Provided always, that the Amount in
respect of which any such Creditor shall vote in any such Matter
shall not be conclusive of the Amount of his or her Debt for any
ulterior Purposes, in pursuance of the Provisions of this Ordinance.

Suits not to be aba- XVII. And be it enacted , That whenever any such Assignee or
ted by Death or Remo-
val of Assignees. Assignees shall die or be removed, or a new Assignee or Assignees
shall be appointed in pursuance of the Provisions of this Ordinance,
no Action at Law or Suit in Equity shall be thereby abated, but the
Court in which any Action or Suit is depending may, upon the
Suggestion of such Death or Removal and new Appointment, allow
the Name or Names of the surviving or new Assignee or Assignees
to be substituted in the Place of the former ; and such Action or
Suit shall be prosecuted in the Name or Names of the said surviving
or new Assignee or Assignees, in the same Manner as if he or they
had originally commenced the same.

Assignee's Power XVIII. And be it enacted and ordained, That nothing in this
not to extend to the
Pay or Pension of Na- Ordinance contained shall extend to entitle the Assignee or Assignees
val, Military,
Officers . or Civil of the Estate and Effects of any such Prisoner, being or having been
an Officer of the Army or Navy, or an Officer, or Clerk, or otherwise
employed or engaged in the Service of Her Majesty in any Civil
Office, and being or having been in the Naval or Military Service of
the East India Company, or an Officer, or Clerk, or otherwise em-
ployed or engaged in the Service of the Court of Directors of the
said Company, or being otherwise in the Enjoyment of any Pension
whatever under any Department of Her Majesty's Government or
from the said Court of Directors, to the Pay, Half Pay, Salary,
Emoluments, or Pension of any such Prisoner, for the Purposes of
Portion of Pay or this Ordinance : Provided always, that it shall be lawful for the said
Emolu-
ed on may be obtain- Court to order such Portion of the Pay, Half Pay, Salary,
Pension
ments, or Pension of any such Prisoner, as on Communication from
the said Court to the Secretary at War, or the Lords Commissioners
of the Admiralty, or the Commissioners of the Customs or Excise,
or the Chief Officer of the Department to which such Prisoner may
belong or have belonged, or under which such Pay, Half Pay, Salary,
Emoluments ,