1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 17
Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.
(2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates 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 to be made, or if such committee withhold or refuse their consent, without an order of the court.
G.N.A.124/55.
PART III
PROCEEDINGS IN BANKRUPTCY
Declaration of inability to pay debts
43. A declaration by a debtor of his inability to pay his debts shall be dated, signed and witnessed. The witness shall be a solicitor or the Official Receiver or Registrar.
Bankruptcy notice
44. 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 time lodge with the Registrar 2 copies of the bankruptcy notice to be sealed and issued for service.
45. (1) Every bankruptcy notice shall be endorsed 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 sued out by the creditor in person.
(2) There shall also be endorsed on every bankruptcy notice an intimation to the debtor that, if he has a counterclaim, 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
Form of declaration. R136. Form 2.
Issue of notice.
R138. Forms 4, 5.
Endorsement of address, etc.
R140.