hongkong-colonial-ordinances-1847 — Page 161

9° VICTORIÆ.- No. 3 OF 1846 . 23


Creditor or Creditors, and supported by Oath or Affidavit, to order order
an Examiner, who
Prisoner tomay
at-
that it shall be referred to an Officer of the said Court or to an end.
Examiner to be appointed as aforesaid to investigate the Accounts
of such Prisoner and to examine into the Truth of his Schedule, and
to report thereon to the said Court ; and that the said Court may at
any such Hearing proceed on the other matters in Opposition to the
Discharge of such Prisoner, or may, if it shall appear just and
reasonable so to do, forthwith adjourn the Hearing thereof until
such Officer or Examiner shall have made his Report ; and that
upon such Reference being made as aforesaid, it shall be lawful for
such Officer or Examiner to order the Attendance of such Prisoner
as often as such Officer or Examiner shall think fit, and the Pri-
soner mentioned in such Order shall be accordingly carried before
such Officer or Examiner, for which such Order shall be a sufficient
Warrant ; and the Keeper of the Prison, or his Deputy, so carrying Officerand Examiner
any Prisoner before such Officer or Examiner, shall receive for the may administer Oaths.
same the Sum of Ten Shillings, and no more, to be paid by the
Person or Persons at whose Requisition the said Reference shall
have been had ; and such Officer or Examiner shall and may, under
such Reference, administer Oaths, and examine all Witnesses and
Parties upon their Oaths touching all Matters relating thereto :
Provided that in all Cases where such Reference shall have been Court may order Ex-
penses of Reference to
made as aforesaid it shall be lawful for the said Court, if such cause be paid out of Insol-
shall appear, to order all the Fees and Expenses of such Reference, vent's Estate.
paid by any Creditor or Creditors, to be repaid to him, her, or them
out of the first Money received by the Provisional or other Assignee
or Assignees of such Prisoner from or by his Estate or Effects.

XXXVI. And be it enacted and ordained, That after such Court, & c., may ad-
Examination of any such Prisoner as hereinbefore directed, it shall judge a Prisoner to be
be lawful, at such Hearing or adjourned Hearing as aforesaid, for the the
tody, and of
Benefit entitled to
this Act.
said Court, upon such Prisoner's swearing to the Truth of his
Schedule, and executing such Warrant of Attorney as is hereinafter
directed, to adjudge that such Prisoner shall be discharged from
Custody, and entitled to the Benefit of this Ordinance, at such Time
as the said Court shall direct, in pursuance of the Provisions herein-
after contained in that Behalf, as to the several Debts and Sums of
Money due or claimed to be due at the Time of making such vesting
Order as aforesaid from such Prisoner to the several Persons named
in his Schedule as Creditors, or claiming to be Creditors for the
same respectively, or for which such Persons shall have given Credit
to such Prisoner before the Time of making such vesting Order as
aforesaid, and which were not then payable, and as to the Claims of
all other Persons, not known to such Prisoner at the Time of such
Adjudication, who may be Indorsees or Holders of any negotiable
Security set forth in such Schedule so sworn to as aforesaid.

XXXVII. And be it enacted and ordained, That in all cases Court may adjudge
Discharge, &c., to be
where no Cause shall appear to the contrary, it shall be lawful for forthwith, or not later
the said Court, according as shall seem fit, to adjudge that such the than Six Months from
filing of the Peti-
Prisoner shall be so discharged, and so entitled as aforesaid, forth- tion.
with, or as soon as such Prisoner shall have been in Custody
at the Suit of one or more of the Persons as to whose Debts and
Claims such Discharge is so adjudicated , for such Period or Periods,
not exceeding Six Months in the whole, as the said Court shall
direct,