608
No. 7 of 1891.
[58 & 54 Vict. c. 71 s. 1.]
form 2. form 3.
form 4. form 5.
Meaning of the word "debtor".
Jurisdiction to make receiving order.
[46 & 47 Vict. c. 52 s. 5.] form 8.
BANKRUPTCY.
(e) if execution against him in proceedings in the Court has been levied by seizure of his goods, and the goods have been sold or held by the bailiff of the Court for 21 days; or
(f) if he files in the Court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself; or
(g) if a creditor has obtained a final judgment against him for any amount and, execution thereon not having been stayed, has served on him in this Colony, or by leave of the Court elsewhere, a bankruptcy notice under this Ordinance requiring him to pay the judgment debt in accordance with the terms of the judgment or to secure or compound for it to the satisfaction of the creditor or the Court, and he does not, within 8 days after service of the notice, in case service is effected in the Colony, or, in case service is effected elsewhere, within the time limited in that behalf by the order giving leave to effect service elsewhere, either comply with the requirements of the notice or satisfy the Court that 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 set up in the action in which the judgment was obtained; or
(h) if he gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.
(2) A bankruptcy notice under this Ordinance shall be issued to a judgment creditor by the Registrar on the filing of a request for that purpose.
(3) The word debtor in this section includes a person who, though not himself personally within the Colony, carries on business by an agent within the Colony and possesses assets therein.
In the case of a person who is not a British subject, the meaning of the word "debtor" is not confined to a person who is personally present in the Colony when he commits the act which is made an act of bankruptcy.
Receiving Order and Official Receiver.
4. Subject to the conditions hereinafter specified, if a debtor commits an act of bankruptcy the Court may, on a bankruptcy petition being presented either by a creditor or by the debtor, make an order, called a "receiving order," for the protection of the estate.
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