hongkong-colonial-ordinances-1847 — Page 165

9º VICTORIE.- No. 3 OF 1846. 27


any one or more of his or her Creditors with respect to whom it
shall have been so adjudged, at any Time before such Period shall
have arrived, in the same Manner as he would have been subject
and liable thereto if this Ordinance had not passed : Provided
nevertheless, that when such Period shall have arrived, such
Prisoner shall be entitled to the Benefit and Protection of this
Ordinance, notwithstanding that he may have been out of actual
Custody during all or any Part of the Time subsequent to such
Adjudication, by reason of such Prisoner not having been arrested
or detained during such Time or any Part thereof.

XLVI. And be it enacted and ordained, That in all cases where Court may order de-
taining Creditor to pay
such Prisoner shall, upon such Adjudication as aforesaid, be liable Prisoner a Sum not ex-
to further Imprisonment at the Suit of his Creditor or Creditors, or ceeding Four Shillings
a Week.
any or either of them, it shall be lawful at any Time for the said
Court, on the Application of such Prisoner, to order the Creditor or
Creditors at whose Suit he shall be so imprisoned to pay to such
Prisoner such Sum or Sums of Money, not exceeding the Rate of
Four Shillings by the Week in the whole, at such Times, and in
such Manner, and in such Proportions, as the said Court shall direct,
and that on Failure of Payment thereof, as directed by the said
Court, the said Court shall order such Prisoner to be forthwith
discharged from Custody at the Suit of the Creditor or Creditors so
failing to pay the same.

XLVII. And be it enacted and ordained, That before any such Prisoner
Before Adjudication,
shall execute
Adjudication shall be made with respect to any such Prisoner, the Warrant of Attorney
said Court shall require such Prisoner to execute a Warrant ofto for confess
AmountJudgment
of Debts
Attorney to authorize the entering up of a Judgment against such in Schedule.
Prisoner in the Court, in the Name of the Assignee or Assignees of
such Prisoner, or of such Provisional Assignee, if no other Assignee •
shall have been appointed and shall have accepted such Office, for
the Amount of the Debts stated in the Schedule of such Prisoner so
sworn to as aforesaid to be due or claimed to be due from such
Prisoner, or so much thereof as shall appear at the Time of executing
such Warrant of Attorney to be due and unsatisfied ; and any such
Warrant of Attorney is hereby declared not to be within the Mean-
ing of the said Act passed by the Imperial Parliament in the Third
Year of the Reign of His late Majesty King George the Fourth, nor
shall it be necessary that the same should be executed in the
Presence of an Attorney for such Prisoner, according to the Provision
hereinbefore in that behalf contained ; and the Order of the said
Court for entering up such Judgment shall be a sufficient Authority
to the proper Officer for entering up the same, and such Judgment
shall have the Force of a Recognizance ; and if at any Time it shall Court may to permit
appear to the Satisfaction of the said Court that such Prisoner is out thereupon, when
of Ability to pay such Debts or any Part thereof, or that he is dead, Insolvent is of Ability
leaving Assets for that Purpose, the said Court may permit Execu- leaving Assets.
tion to be taken out upon such Judgment, for such Sum of Money
as, under all the Circumstances of the case, the said Court shall
order, such Sum to be distributed rateably amongst the Creditors
of such Prisoners according to the Mode hereinbefore directed in
the case of a Dividend made after Adjudication ; and such further
Proceedings shall and may be had upon such Judgment as may
seem fit to the Discretion of the said Court from Time to Time,
until