BANKRUPTCY.
No. 7 of 1891.
583
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.
Form No. 10.
(5) A debtor intending to show cause against a petition First shall file with the Registrar a notice specifying the statements Schedule. in the petition he intends to dispute, and shall serve on the petitioning creditor or his solicitor a copy of such notice two 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 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 aforesaid.
(8) A creditor's petition shall not after presentment be withdrawn without the leave of the court.
46
First
8.--(1) A debtor's petition shall allege that the debtor is Debtor's unable to pay his debts, and the presentation thereof shall & 17 Vict. be deemed an act of bankruptcy without the previous filing c. 52, s. 8. by the debtor of any declaration of inability to pay his debts, schedule. and the court shall thereupon make a receiving order : Form No. 3. 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.
BANKRUPTCY.
No. 7 of 1891.
583
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.
Form No. 10.
(5) A debtor intending to show cause against a petition First shall file with the Registrar a notice specifying the statements Schedule. in the petition he intends to dispute, and shall serve on the petitioning creditor or his solicitor a copy of such notice two 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 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 pro- ceedings 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 terins as it thinks just, the petition in which proceedings have been stayed as aforesaid.
(8) A creditor's petition shall not after presentment be with hawn without the leave of the court.
46
First
8.--(1) A debtor's petition shall allege that the debtor is Debtor's unable to pay his debts, and the presentation thereof shall & 17 Vict. be deemed an act of bankruptcy without the previous filing c. 52, s. 8. by the debtor of any declaration of inability to pay his debts, schedule. and the court shall thereupon make a receiving order : Form No. 3. Provided that it shall be lawful for the court, in its discre- tion, to refuse the order unless it is satisfied that there are or will be substantial assets for division among the creditors.
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