The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-07

person paruoS VINO nave SO proven "u0Un0l SUN
claim is disputed by him or them"
SECTION 5. That Section Is of said Act be and the
same is hereby amended by adding after the words
rest and Imprisonment" the following
IF any bankrupt shall refuse to deliver surrender
up to the assignee of his estate any OF his
effects books property papers, or shall refuse to an
swer any question THAT may be legally put to him upon
any examination had in his proceedings in bankruptcy
the Justice before whom the proceedings pending
NAV commit such bankrupt to prison until he makes
such delivery surrender, answer such questions
and also by striking out the words cease determine
and" so that Section Is shall read as follows:
SECTION l5 Upon the filing of petition pro-
vided in Sections and all civil suits pending in rela
ton to and all executions attachments laid upon the
bankrupts property shall be stayed provided however
that any bankrupt may be arrested and imprisoned as
fraudulent debtor upon the sworn petition of any
creditor setting forth sufficient for such arrest
and Imprisonment If any bankrupt shall refuse to de-
liver or surrender up to the assignee assgnee of his
estate any of his effects books property or papers, or
shall refuse to answer any question hat may be legally
put to him) upon any examination had in his proceed
ings in bankruptcy the Justice before whom the pro-
ceedings are pending may commit such bankrupt to
prison until he makes such delivery surrender or an
swers such questions"
SECTION 6. That a section to be called Section
"a be added which section shall read as follows:
"SEoT1oN "a. secured creditor shall file with the
Clerk of the Supreme Court statement showing the
amount of his claim, and description of the security
and shall therein state whether such security relied
upon or whether such creditor intends to release the
same and claim as an unsecured creditor only. If any
secured creditor shall fail to file such statement within
sixty days after such adjudication of bankruptcy he shall
have claim against the estate of such bankrupt
for any deficiency after the exhaustion of his security
If any such creditor SHALL within sixty days after such
adjudication, file with the Clerk of the Court state
ment that he intends to rely upon both remedies, he
shall thereupon proceed without any unnecessary delay
to realize upon his securities and after exhausting the
same, he may present claim for the deficiency but
he shall participate only in such dividends as may be
declared after the proof of his claim for such de-
fcency"
SECTION T. That new section, to be called Section
15A be added, which section shall read as follows:
SECTION l5A If any bankrupt has committed any
of the offences hereinafter enumerated the Court may
at the examination of the bankrupt the hearing
of the application for his discharge by order under seal
of the Court adjudge said bankrupt to be imprisoned
for any term not exceeding six months with without
hard labor that to say O if the bankrupt has carried
trade by means OF nctltlOuS W
have had at the time when any of his debts
tracted any reasonable probable ground of expectation
of being able topay the @ has with the intent to
conceal the truestate of hsaars Wfu omitted tokeep
at any time proper books accounts; ( has within
three years before the of the bankruptcy
failed to keep usual and reasonable books and accounts
setting forth truthfu the state of his business trans
actions 0 has put any of his creditors to unneces
sary expense by frivolous vexatious defence to any
action or suit to any debt money due from
him or (6) has in ncurring any debt or liability OBJ
tanned credit under false preences by of any
other fraud or (0 has with intent to defraud his
creditors or any of them, made caused to be made
any gift transfer delivery Of any charge his
property @ has with intent to deraud his creditors
concealed removed any part of his property since
within two months before the date of any unsatised
judgment or order for payment of money obtained
against him. The bankrupt may appeal to the Supreme
Court or to the Court in Baneo from any order con-
vction under this Section by perfecting his appeal