1912_BANKRUPTCY_ORDINANCE__1891 — Page 5

610

No. 7 of 1891.

Creditor's

petition.

BANKRUPTCY.

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;

(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

(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.

7. (1) A creditor's petition shall be verified by affidavit of the [46 & 47 Vict. creditor, cr of some person on his behalf having knowledge of the

facts, and served in the same manner as a writ of summons.

c. 52 s. 7.]

form 6.

form 10.

(2) It shall not be heard until the expiration of 8 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 satisfied 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 bankruptcy, or is satisfied by the debtor that he is able to pay his debts, or is satisfied that there are and will be no substantial assets for division among the creditors, or that for other sufficient cause no order ought to be made, the Court may dismiss the petition. (5) A debtor intending to show cause against a petition shall file with the Registrar a notice specifying the statements in the petition he intends to dispute, and shall serve on the petitioning creditor or his solicitor a copy of such notice 2 days before the day on which the petition is to be heard.

(6) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that 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

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