1912_BANKRUPTCY_ORDINANCE__1891 — Page 6

BANKRUPTCY.

No. 7 of 1891.

611

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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.

(7) Where proceedings are stayed, the Court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just, make a receiving order on the petition of some other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed as afore-

said.

(8) A creditor's petition shall not after presentment be withdrawn without the leave of the Court.

[48 & 47 Fict.

8. (1) A debtor's petition shall allege that the debtor is unable Debtor's to pay his debts, and the presentation thereof shall be deemed an petition. act of bankruptcy without the previous filling by the debtor of any c. 52 s. 8.] declaration of inability to pay his debts, and the Court shall there- form 3. upon make a receiving order: Provided that it shall be lawful for the Court, in its discretion, to refuse the order unless it is satisfied that there are or will be substantial assets for division among the creditors.

(2) A debtor's petition shall not after presentment be withdrawn without the leave of the Court.

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9.-(1) The Governor may appoint such person as he thinks fit Appoint to be Official Receiver of debtors' estates under this Ordinance and Official

Receiver. may remove such person from such office.

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(2) The Official Receiver shall act under the general authority. and direction of the Governor and shall also be an officer of the Court.

10.-(1) On the making of a receiving order, the Official Receiver Effect of shall be thereby constituted receiver of the property of the debtor, order.

receiving and thereafter, except as directed by this Ordinance, no creditor to [ib. s. 9.] whom the debtor is indebted in respect of any debt provable * in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt or shall commence or continue any action or other legal proceedings, except with the leave of the Court and on such terms as the Court may impose. On making the receiving order, the Court may, if it thinks fit, direct that no

As amended by No. 1 of 1912.

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