1901_BANKRUPTCY_ORDINANCE__1891 — Page 4

A.D. 1891.]

BANKRUPTCY.

[No. 7.

-

17.

6. The following provisions shall have effect in the case of a firm Liability of

firm carrying carrying on business in the Colony; that is to say,-

on business in (1) a creditor of the firm shall be entitled to present a bankruptcy the Colony to

have receiving petition against the firm, and a receiving order and an order of order or adjudication may be made against the firm in respect of an act of adjudication

made against bankruptcy committed in reference to the business of the firm it. by any partner of the firm or by any person having the control or management of the business of the firm. An act of bank- ruptcy shall be deemed to be committed in reference to the business of the firm in all cases in which the act relates to the property. or creditors of the firm and would be an act of bankruptcy by such partner or person as aforesaid if it related to his property or creditors;

(2.) it shall be sufficient that a receiving order against the firm be made in the firm name, without mentioning the names of the partners, and such receiving order shall affect the joint and separate property of all the partners, and the like provisions shall apply in respect of an adjudication of bankruptcy ;

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(3.) the right of a creditor to present a bankruptcy petition against the firm, and the jurisdiction of the Court to make a receiving order or an adjudication of bankruptcy against the firm, shall not be affected by the fact, if it is so, that all or any of the partners of the firm are not British subjects or are not resident or domiciled in the Colony; and

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(4.) the provisions of this section shall, so far as the nature of the case will permit, apply to any person carrying on business in the Colony in a name or style other than his own name.

creditor's petition shall be verified by affidavit of the creditor, or of some person on his behalf having knowledge of the facts, and served in the same manner as a writ of summons.

(2.) It shall not be heard until the expiration of eight days from the service thereof, except by leave of the Court on good cause

shown:

(3) At the hearing the Court shall require proof of the debt of the petitioning creditor, of the service of the petition, and of the act of bankruptcy, or, if more acts of bankruptcy than one are alleged in the petition, of some one of the alleged acts of bankruptcy, and, if, satis- fied with the proof, may make a receiving order in pursuance of the.

petition.

(4) If the Court is not satisfied with the proof of the petitioning creditor's debt, or of the service of the petition, or of the act of bank- ruptcy, or is satisfied by the debtor that he is able to pay his debts, or

Creditor's petition.

6 & 47 Vict.

c. 52 s. 7. First

Schedule: Form No. 6;