1977 Ed.]
Bankruptcy (Forms) Rules
FORM 100
[CAP. 6
B 59
[Subsidiary]
(s. 53(5); rule 30.)
NOTICE OF APPLICATION FOR COMMITTAL UNDER section 53(5)
(Title.)
To [here insert name, address and description of the person to whom the notice is to be sent].
at
*
Take notice that the trustee [or Official Receiver] of the property of the bankrupt will on the
day of
19 , at o'clock in the
noon, apply to the court for an order for your committal to prison for contempt of this court you having failed to pay and deliver to him certain moneys [and securities] belonging to the bankrupt in your possession or power as (here state whether as treasurer, banker, etc.), that is to say [here set out and describe the particular moneys and securities]. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why an order for your committal should not be made.
Dated this
day of
FORM 101
, 19
Registrar.
[ss. 20(15); 110.]
Order of COMMITTAL UNDER SECTION 20 or 110
(Title.)
19
Whereas by an order of this court made on the
day of
[here recite the order]. Now upon the application of C.D., of and upon hearing A.B. [or as the case may be], [or if he does not appear] reading the affidavit of [here insert name and description of person by whom the order was served on A.B.], and upon reading the affidavit of [enter evidence], the court being of opinion that the said A.B. has been guilty of a contempt of this court by his disobedience of the said order, it is ordered that the said A.B. do stand committed to [here insert prison] for his said contempt.
Dated this
day of
Form 102
19
Registrar.
(s. 26(4).]
Order of COMMITTAL UNDER SECTION 26
(Title.)
Upon the application of the trustee [or Official Receiver] of the property of the bankrupt (or debtor), and upon hearing the bankrupt (or if he does not appear), and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of (enter evidence], the court being of opinion that the bankrupt has been guilty of a contempt of this court by having failed to [here follow the notice], it is ordered that the bankrupt do stand committed to [here insert prison] for his said contempt.
Dated this
day of
, 19
Registrar.