hongkong-colonial-ordinances-1847 — Page 170

COLONIA ORDINAN
32 L CES .


according to such Ajudication , and if necessary to re-commit such
Prisoner to his former Custody, when by such Order or Warrant he
shall have been discharged therefrom ; and the Gaoler or Keeper of
the Prison to whose Custody such Prisoner shall be so re-committed
is hereby required to receive such Prisoner into his Custody according
to such Recommitment ; and all Detainers which were in force against
such Prisoner at the Time of such Discharge as aforesaid shall be
deemed to be still in force against him, as if such erroneous Order
or Warrant had not issued.


Prisoner may, after LVI. " And whereas the Estate, both Real and Personal, of any
Discharge, be examin:
ed as to Estate and « Person whose Discharge has been adjudicated under this Ordinance
Effects, on application " may not be sufficiently described or discovered in his Schedule so
of Assignee. 66
sworn to as aforesaid, or the Assistance of such Person may be
" necessary to adjust, make out, recover, or manage his Estate or
" Effects, for the Benefit of his Creditors ; " Be it therefore enacted
and ordained, That it shall be lawful for the Assignee or Assignees
of the Estate and Effects of any such Person whose Discharge shall
have been adjudicated under this Ordinance, from Time to Time to
apply to the said Court that such Person may be further examined
as to any Matters or Things relating to his Estate and Effects, by
Prisoner refusing to the said Court ; and in case such Person shall neglect or refuse to
appear, or to answer
Questions, may be appear before such Court at such Time and Place as shall be directed
committed. by such Order, or appearing, shall refuse to be sworn, or to answer
such Questions as shall be put to him relating to the Discovery
of his said Estate and Effects, then and in any of such Cases it
shall be lawful for such Court by Warrant to commit such
Person to the Common Gaol, there to remain without Bail or
Mainprize until such time as he shall submit himself to the Order
of the said Court in that behalf, and shall answer upon Oath or
otherwise, as shall be required, to all such lawful Questions as
shall be put to him in pursuance of the same for the Purposes
aforesaid .


Personswilfully omit- LVII. And be it enacted and ordained, That in case any Prisoner
ting anything in ofthea whose Estate shall, by an Order under this Ordinance, have been
Misdemeanour, and li- vested in the said Provisional Assignee, shall, with Intent to defraud
able to Three Years' the Creditors or Creditor of such Prisoner, wilfully and fraudulently
Imprisonment.
omit in his Schedule, so sworn to as aforesaid, any Effects or Property
whatsoever, or retain or except out of such Schedule, as Wearing
Apparel, Bedding, Working Tools and Implements, or other Neces-
saries, Property of greater Value than Twenty Pounds, every such
Person so offending, and any Person aiding and assisting him to do
the same, shall, upon being thereof convicted by due course of Law,
be adjudged guilty of a Misdemeanour, and thereupon it shall be
lawful for the Court before whom such Offender shall have been so
tried and convicted to sentence such Offender to be imprisoned and
kept to hard Labour for any Period of Time not exceeding Three
out Substance of Years ; and that in every Indictment or Information against any
setIndictmentneedonly
Offence charged. Person for any Offence under this Ordinance, it shall be sufficient to
set forth the Substance of the Offence charged on the Defendant,
without setting forth the Petition, or Order vesting such Prisoner's
Estate in the Provisional Assignee, Appointment of Assignee or
Assignees, or Balance Sheet, Order for Hearing, Adjudication , Order
of Discharge or Remand, or any Warrant, Rule, Order, or Proceeding
of