the-ordinances-of-the-legislative-counci-1890 — Page 623

ORDINANCE No. 5 OF 1864 . 587


Bankruptcy and Insolvency.


of one week from the signing of judgment, be entitled to sue out against
a debtor whether he be in custody or not a summons, to be called a judg

ment debtor summons , requiring him to appear and be examined re
specting his ability to satisfy the debt .

20. If after the commencement of this Ordinance an order of any If order of any
Court direct
Court having power to direct the payment of money by way of costs or ing payment
of money he
otherwise be made ordering the payment of any sum amounting to three disobeyed ,
the person
hundred dollars upon a certain day, and such order be disobeyed the entitled to the
money may
same having been duly served upon the debtor, the person, entitled to sue out judg
ment debtor
receive the money, or interested in enforcing payment of it, may, after summons .

seven days from the day of payment mentioned in the said order, sue out
against the debtor a judgment debtor summons.
Judgment to
21. The judgment debtor summons shall issue out of the Court, and be given after
must be a summons in respect of a judgment given after the passing of the passing
of this Ordi
this Ordinance. nance.

22. When the debtor is in the Colony of Hongkong the summons Summons to
be served per
shall be served personally, unless the Court shall in any case direct that sonally.
service in some other manner shall be good.

Service of
23. When the debtor is not in the Colony of Hongkong, the Court , summons out
upon such evidence as shall satisfy it that the service will be effectual to of the Colony.

give notice to the debtor, may order service to be made in such manner
and form as it shall see fit, and shall appoint a time by such order for
the appearance of the debtor.

24. Where the debtor is in custody a duplicate of the summons Duplicate of
summons.
shall be delivered to the sheriff, gaoler or other person in whose custody

he is ; who shall bring him up according to the summons at the cost of
the summoning creditor.

25. If service of the summons be not effected and the Court is Insertion of
notice in
satisfied that the debtor is keeping out of the way to avoid service, it may Hongkong
Government
order that one or more notices be inserted in the Hongkong Government Gazette.

Gazette and in such other newspaper or newspapers as the Court may

direct, requiring him to appear on a day named , being not less than
fourteen days after the publication of the first notice.

26. Upon the appearance of the debtor he may be examined on Examination
of debtor.
oath, by or on behalf of the creditor, and by the Court, respecting his
ability to satisfy the debt, and for the discovery of property applicable in