hongkong-colonial-ordinances-1847 — Page 166

28 COLONIAL ORDINANCES.


until the whole of the Debts due to the several Persons against
whom such Discharge shall have been obtained shall be fully paid
and satisfied, together with such Costs as the said Court shall think
No Scire facias ne- fit to award ; and no scire facias shall be necessary to revive such
cessary.
Judgment on account of any Lapse of Time, but Execution shall at
all Times issue thereon by virtue of the Order of the said Court ;
If Application is ill Provided always, that in case any such Application against any
founded
Court may vexatious, such Prisoner shall appear to the said Court to be ill founded and
anddismiss
same, with Costs.
vexatious, it shall be lawful for the said Court, not only to refuse to
make any Order on such Application, but also to dismiss the same,
with such Costs against the Party or Parties making the same as
to the said Court shall appear reasonable, and the said Costs shall
be paid accordingly.

Where Insolvent
shall after Discharge XLVIII . And be it enacted and ordained, That in case any such
become entitled to Pro- Person shall, after he has become entitled to the Benefit of this
perty which
taken in be Ordinance by any such Adjudication as aforesaid, become entitled to
cannot, the
Execution
Assignee may apply to or possessed of, in his own Right, any Property, whether the same be
Court for Relief.
in Hongkong or elsewhere, which by Law cannot be taken into
Execution under the said Judgment so to be entered up in the Names
of such Assignee or Assignees as aforesaid, and such Prisoner shall
have refused to convey, or assign, or transfer such Property, or so
much thereof as may be sufficient to satisfy the said Judgment, then ,
and in such case, it shall be lawful for the Assignee or Assignees of
such Prisoner to apply by Petition in a Summary Way, setting forth
the Facts of the case to the said Court, and to pray that the said
Prisoner may be taken and committed to Custody notwithstanding
any such Adjudication and Discharge as aforesaid ; and thereupon, if
upon Examination by the said Court, and hearing as well the said
Assignee or Assignees as the said Prisoner, in case he shall appear, or
the said Assignee or Assignees only, in case such Prisoner, due notice
having been given to him, shall not appear, it shall appear to the
said Court that the Contents of such Petition are true, then and in
such case the said Court shall so declare and adjudge, and shall
Court may order thereupon order the said Prisoner to be apprehended, and committed
Prisoner to be remand-
ed to Custody until he to Custody within the Walls of any Prison which the said Court
transfer such Property. shall direct, and not within any Rules or Liberties thereof, until he
shall convey, assign, and transfer such Property, or so much thereof
as the said Court shall direct, towards the Satisfaction of the said
Judgment, to such Assignee or Assignees, for the general Benefit of
the Creditors of such Prisoner.

Manner of Proceed- XLIX. And be it enacted and ordained, That in case any Person
where afterthe Dis-
charge of a Prisoner, or Persons, Body Politic or Corporate, shall, after any such Insolvent
any Person shall be- shall have become entitled to the Benefit of this Ordinance by any
come of Pro-
perty belonging to him. Such Adjudication as aforesaid, become or be possessed of, or have
under his or their Power or Control, any Legacy, or Money due or
growing due, Bills of Exchange, Promissory Notes, Bank Notes,
Securities for Money, Goods and Chattels, or any other Property
whatsoever belonging to such Insolvent, or held in Trust for him, or
for his Use and Benefit, or to which such Insolvent shall be in any
way entitled, or in case any such Person or Persons, Body Politic or
Corporate, shall be at such Period in any Manner indebted to such
Insolvent, it shall be lawful for the said Court, upon the Application
of any Assignee or Creditor of such Insolvent, to cause Notice to be
given