189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 7

802 THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Form 116.

Application to commit.

R83.

Forms 94, 95, 96, 97. Notice and hearing of application.

R84. Forms 98, 99, 100, 104.

Regulations

as to cost R103.

Solicitor's

costs in case of petition by debtor.

R105.

(2) The officer executing a warrant issued under section 29 (2) of the Ordinance shall forthwith, after apprehending the person named in the warrant and bringing him before the court as in the last preceding rule mentioned, or after delivering him to the Super- intendent of Prisons report such apprehension or de- livery to the court, and apply to the court to appoint a day and time for the examination of the person so apprehended, and the court shall thereupon appoint the earliest practicable day for the examination, and shall issue its direction or order to the said Super- intendent to produce him for examination at a place and time to be mentioned in such direction or order. Notice of any such appointment shall forthwith be given by the Registrar to the Official Receiver, trustee, or other person who shall have applied for the examination or warrant.

29. An application to the court to commit any person for contempt of court shall be supported by affidavit.

30. Subject to the provisions of the Ordinance and Rules, upon the filing of an application to commit, the court shall fix a time and place to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than three days before the day fixed for the hearing of the application. Provided that in any case in which the court may think fit, the court may allow substituted service of the notice by advertisement or otherwise, or shorten the length of notice to be given.

Costs and Taxation.

31. The regulations as to costs continued in Part II of the Appendix shall, subject to these Rules, apply to the taxation and allowance of costs and charges in all proceedings under the Ordinance and these Rules.

or

32. The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall, in his bill of costs, give credit for such sum security (if any) as he may have received from the debtor, as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition; and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs.

or

Certificate of 33. Before taxing the bill or charges of any soli- employment. citor, manager, accountant, auctioneer, broker, R109, other person employed by the Official Receiver or trustee, the taxing officer shall require a certificate in writing, signed by the Official Receiver or trustee, as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and in the case of the bill of costs of a solicitor, a copy of the re- solution or other authority sanctioning the employ-

Notice of appoint- ment.

Ri12.

Lodgment of bill.

R113.

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ment.

34. Every person whose bill or charges is or are to be taxed shall in all cases give not less than four days' notice of the appointment to tax the same to the Official Receiver and to the trustee (if any).

35. The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the Official Receiver, and if incurred after the appoint- ment of a trustee, shall be lodged with the trustee, three clear days before the application for the ap- pointment to tax the same is made. The Official Receiver or the trustee, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the taxing officer.

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