804
THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.
estate of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this Rule shall be made out of a separate estate or joint estate by a trustee without the consent of the committee of inspection of the estate out of which the payment is intended o be made, or, if such committee withhold or refuse their consent, without an order of the court.
Form of
PART III.
PROCEEDINGS IN BANKRUPTCY.
Declaration of Inability to pay Debts.
42. A declaration by a debtor of his inability to declaration. pay his debts shall be dated, signed, and witnessed. The witness shall be a solicitor, or the Official Receiver or Registrar.
R136.
Form 2.
Issue of notice.
R138.
Forms 4、5.
Indorsement
of address,
&c.
R140.
Form 8.
Application
to set aside.
R141. Form 8.
Duration of notice.
R142.
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Bankruptcy Notice.
43. A creditor, desirous that a bankruptcy notice may be issued, shall produce to the Registrar a sealed copy of the judgment or order on which the notice is founded and file the notice, together with a request for issue. The creditor shall at the same ime lodge with the Registrar two copies of the bankruptcy notice to be sealed and issued for service.
44.-(1) Every bankruptcy notice shall be in- dorsed with the name and place of business of the solicitor actually suing out the same, or, if no solicitor be employed, with a memorandum that it Is shed out by the creditor in person.
(2) There shall also be indorsed on every bank- ruptcy notice an intimation to the debtor that if he has a counter claim, set off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file an affidavit to that effect with the Registrar.
(3) In the case of a notice served in the Colony the time shall be three days. In the case of a notice scrved elsewhere with the leave of the court under section 3 of the Ordinance, the Registrar, when issuing the notice, shall fix the time.
45. The filing of such affidavit shall operate as an application to set aside the bankruptcy notice, and thereupon the court shall fix a day for hearing the application, and not less than three days before the day so fixed the Registrer shall give notice thereof both to the debtor and the creditor, and their respective solicitors, if known. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bank- ruptcy will be complete, the Registrar shall extend the time and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.
46. Subjcet to the power of the court to exterd the time, a bankruptcy notice to be served in the Colony shall be served within one month from the issue thereof.
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