371
For
debt or sum ordered to be paid, and which he could not set up in the action in which the judgment was obtained, or the proceed- ings in which the order was obtained. the purposes of this paragraph, and of section 4 of this Ordinance, any person who is, for the time being, entitled to enforce a final judgment or final order, shall be deemed to be a creditor who has obtained a final judg- ment or final order.
(h) If the debtor gives notice to any of his credi- tors that he has suspended, or that he is about to suspend, payment of his debts.
(2) In this Ordinance, the expression "a debtor," 4 & 5 Geo. 5, unless the context otherwise implies, includes any c. 59, s. 1 (2). person, whether a British subject or not, who at the
time when any act of bankruptcy was done or suffered
by him-
(a) was personally present in the Colony; or
(b) ordinarily resided or had a place of residence
in the Colony; or
(c) was carrying on business in the Colony, per- sonally, or by means of an agent or manager;
or
(d) was a member of a firm or partnership which
carried on business in the Colony.
4. A bankruptcy notice under this Ordinance shall Bankruptcy be issued to a judgment creditor, or creditor who has notices. obtained a final order, by the Registrar on the filing 4 & 5 Geo. 5,
c. 59, s. 2. of a request for that purpose, and shall be in the prescribed form, and shall require the debtor to pay the judgment debt or sum ordered to be paid in ac- cordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and shall state the conse- quences of non-compliance with the notice, and shall be served in the prescribed manner:
Provided that a bankruptcy notice-
(a) may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor;
(b) shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement; but, if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.
Receiving Order and Official Receiver.
5. Subject to the conditions hereinafter specified, Jurisdiction if a debtor commits an act of bankruptcy the court to make may, on a bankruptcy petition being presented either receiving by a creditor or by the debtor, make an order, in this order.
4 & 5 Geo. 5, Ordinance called a receiving order, for the protection c. 59, s. 3.
of the estate