hongkong-colonial-ordinances-1847 — Page 167

9° VICTORIE.- No. 3 OF 1846. 29


given to such Person or Persons, Body Politic or Corporate, directing
him or them to hold and retain the said Property till the said Court
shall make further Order concerning the same ; and thereupon it
shall be lawful for the said Court further to order such Person or
Persons, Body Politic or Corporate, to deliver over such Property,
and to pay such Debts as aforesaid, or any Part thereof, to the
Provisional or other Assignee or Assignees of the Estate and Effects
of such Insolvent, for the general Benefit of the Creditors of such
Insolvent, entitled to claim under such Judgment entered up by Order
ofthe said Court, as aforesaid ; and such Delivery and Payment shall
be made accordingly, in obedience to such Order ; and such Person
and Persons, Body Politic and Corporate, shall by such Payment and
Delivery, so made in pursuance of such Order of the said Court, be
discharged in respect of such Property, and Debts against all Persons
whatsoever to all Intents and Purpose.

L. And be it enacted and ordained, That no Person who shall Persons discharged
under this Ordinance
have become entitled to the Benefit of this Ordinance by any such not liable to Imprison-
Adjudication as aforesaid shall at any Time thereafter be imprisoned to
ment for Debts, &c.,
which
by reason of the Judgment so as aforesaid entered up against him extends.
or her, according to this Ordinance, or for or by reason of any Debt
or Sum of Money, or Costs, with respect to which such Person shall
have become so entitled, or for or by reason of any Judgment, Decree,
or Order for Payment of the same ; but that upon every Arrest or
Detainer in Prison upon any such Judgment so entered up as afore-
said, or for or by reason of any such Debt or Sum of Money or Costs,
or Judgment, Decree, or Order for Payment of the same, it shall be , If arrested, to be re-
leased by Judge of the
lawful for any Judge of the Court from which any Process shall have Court from which Pro-
issued in respect thereof, and such Judge is hereby required, upon cess issued.
Proof made to his Satisfaction that the Cause of such Arrest or
Detainer is such as hereinbefore mentioned, to release such Prisoner
from Custody, unless it shall appear to such Judge, upon Inquiry,
that such Adjudication as aforesaid was made without due Notice,
where Notice is by this Ordinance required, being given to or
acknowledged by the Plaintiff on such Process, or being by him
dispensed with by the Acceptance of a Dividend under this Ordinance,
or otherwise ; and at the same Time, if such Judge shall in his Whomay orderCosts
Discretion think fit, it shall be lawful for him to order such Plaintiff, to be paid to him.
or any Person or Persons suing out such Process, to pay such Prisoner
the Costs which he shall have incurred on such Occasion, or so much
thereof as to such Judge shall seem just and reasonable, such Prisoner
causing a Common Appearance to be entered for him in such Action
or Suit.


LI. And be it enacted and ordained, That after any Person shall Execution
After Discharge, no
to issue
have become entitled to the Benefit of this Ordinance by any such against Insolvent for
Adjudication as aforesaid, no Writ of Fierifacias or Elegit shall issue Debts, &c ., to
Adjudication which
extends.
on any Judgment obtained against such Prisoner, for any Debt or
Sum of Money with respect to which such Person shall have so
become entitled , nor in any Action upon any new Contract or Security
for Payment thereof, except upon the Judgment entered up against
such Prisoner according to this Ordinance ; and that if any Suit or
Action shall be brought or any Scirefacias be issued against any such
Person, his Heirs, Executors, or Administrators, for any such Debt
or Sum of Money, or upon any new Contract or Security for Payment
H thereof,