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duties of
8.-(1) Immediately on the filing of any petition Fowers of the Official Receiver may, in cases where he has Official reason to believe that any offence under this Ordinance Receiver and or any fraud has been or is about to be perpetrated, debtor on by notice sent by messenger or by ordinary post, etition summon the debtor to attend before him to give such being filed. information as he requires, and may, either by himself or his agent authorised by him in writing, enter on any premises occupied by the debtor between the hours of 8 a.m. and 6 p.m. for the purpose of inspecting his property stock in trade and books of account.
(2) It shall be the duty of the debtor to furnish the Official Receiver with all such information as it is in the debtor's power to give or to obtain.
(3) If the debtor fails without reasonable cause to attend on the Official Receiver as aforesaid, or to furnish him with such information as aforesaid, or if the debtor obstructs the search of the premises or the production of any book or document required in connexion therewith, or authorises or permits any such obstruction, the debtor shall upon summary con- viction be liable to imprisonment for any term not exceeding six months, and every person who takes any part in any such obstruction, whether authorised or permitted by the debtor or not, shall be liable to the like penalty.
9.-(1) A creditor's petition shall be verified by Creditor's affidavit of the creditor, or of some person on his petition and behalf having knowledge of the facts, and shall be order served in the same manner as a writ of summons thereon. unless some other manner of service be prescribed.
4 & 5 Geo. 5, c. 59, s. 5 (1).
(2) At the hearing the court shall require proof of 4 & 5 Geo. 5, the debt of the petitioning creditor, of the service of c. 59, s. 5 (2). ̧ the petition, and of the act of bankruptcy, or, if more than one act of bankruptcy is alleged in the petition, of some one of the alleged acts of bank- ruptcy, and, if satisfied with the proof, may make a receiving order in pursuance of the petition.
(3) If the court is not satisfied with the proof of 4 & 5 Geo. 5, the petitioning creditor's debt, or of the act of bank- c. 59, s. 5 (3). ruptcy, or of the service of the petition, or is satisfied Ord. No. 7
of 1891, by the debtor that he is able to pay his debts, or is
s. 7 (4). not satisfied that the assets for division among the un- secured creditors, after payment of all costs, charges and expenses, and the debts which are preferential under this Ordinance, will be sufficient to pay a divi- dend of fifteen per cent, or considers that for other sufficient cause no order ought to be made, the court may dismiss the petition.
(4) When the act of bankruptcy relied on is non- 4 & 5 Geo. 5, compliance with a bankruptcy notice to pay, secure, c. 59, s. 5 (4). or compound for a judgment debt, or sum ordered to
be paid, the court may, if it thinks fit, stay or dismiss the petition on the ground that an appeal is pending from the judgment or order.
(5) Where the debtor appears on the petition, and 4 & 5 Geo. 5, denies that he is indebted to the petitioner, or that c. 59, s. 5 (5). he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the court, on such security (if any) being given as the court may require for payment to the petitioner of any debt which may be established against him in due course of law, and of the costs of establishing the debt, may, instead of dismissing the petition, stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.
(6) Where proceedings are stayed, the court may, 4 & 5 Geo. 5, if by reason of the delay caused by the stay of pro- c. 59, s. 5 (6). ceedings or for any other cause it thinks just, make
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