the-ordinances-of-the-legislative-counci-1890 — Page 634

598 ORDINANCE No. 5 OF 1864 .


Bankruptcy and Insolvency.


immediate release, either absolutely or upon such conditions as it shall
think fit : Provided always that the Court shall not order such release
where it shall appear by any judgment, order, commitment or sentence
under which the bankrupt is in prison or custody, or by the record or
entry of any such judgment, order, commitment or sentence, and the
pleadings or proceedings previously thereto that he is in prison or cus
tody for any debt contracted by fraud , or breach of trust, or by reason
of any prosecution against him whereby he had been convicted of any
offence , or for any debt contracted by reason of any judgment in any
proceedings for breach of the revenue laws; or in any action for breach
of promise of marriage, seduction , libel , slander, assault, battery, mali
cious arrest, or malicious trespass : Provided also that such release shall

in nowise affect any rights of the creditor at whose suit the bankrupt
may be in prison or in custody, against the bankrupt, except the right of
detaining him in prison or in custody whilst protected from imprison
ment by order of the Court .

If arrested to 58. If any bankrupt shall be arrested for debt, or on any escape
be discharged
on producing warrant in coming to surrender, or shall after surrender, and while pro
protection .
tected by order of the Court, be so arrested , he shall on producing such
protection to the officer who shall arrest him and giving such officer a
copy thereof, be immediately discharged , and if any officer shall detain

any such bankrupt after he shall have shown such protection to him,
except for so long as shall be necessary for obtaining a copy of the same,
such officer shall forfeit to such bankrupt for his own use the sum of
twenty-five dollars for every day he shall detain such bankrupt, to be
recovered by action of debt in the name of such bankrupt.

As to the duty ofthe Bankrupt after Adjudication.

Bankrupt to 59. Forthwith after the insertion of the notice of adjudication in
deliver up
his books of the Hongkong Government Gazette, or if the bankrupt before the ex
account to
Official As piration of the time allowed for showing cause against the adjudication,
signee
surrender himself and give consent to such insertion , forthwith after such I
surrender the bankrupt shall ( if thereto required by the Official Assignee )
deliver up to the Official Assignee upon oath before the Court all books

of account, papers and writings relating to his estate in his custody or

power and discover such as are in the custody or power of any other
person and the Court may give such directions as it shall deem ex

pedient with regard to such books, papers and writings : and every