Bankruptcy.
[CAP. 6
claim, set-off or cross demand which equals or exceeds the amount of the judgment debt and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file Form 8, an affidavit to that effect with the Registrar.
(3) In the case of a notice served in the Colony the time shall be three days. In the case of a notice served elsewhere with the leave of the court under section 3 of the Ordinance, the Registrar when issuing the notice shall fix the time.
to set aside.
R141.
45. The filing of such affidavit shall operate as an application to set aside the bankruptcy notice and thereupon the court shall fix a day for hearing the application, and not less than three days before the day so fixed the Registrar shall give notice thereof both to the debtor and the creditor and to their respective solicitors, if known. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the court shall extend the time and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.
46. Subject to the power of the court to extend the time, a bankruptcy notice to be served in the Colony shall be served within one month from the issue thereof.
notice.
R142.
47. A bankruptcy notice shall be served and service thereof shall be proved in the like manner as is by these rules prescribed for the service of a creditor's petition.
notice.
R143. Forms 7, 15, 16.
notice.
48. When the court makes an order setting aside the bankruptcy notice it may at the same time declare that no act of bankruptcy has been committed by the debtor under such notice.
R144. Form 9.
Petitions.
and address
49. (1) Where a petition is presented by a debtor he shall, besides inserting therein his name and description and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business
R146. Form 3.
Page 373
Bankruptcy.
[CAP. 6
claim, set-off or cross demand which equals or exceeds the amount of the judgment debt and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file Form 8. an affidavit to that effect with the Registrar.
(3) In the case of a notice served in the Colony the time shall be three days. In the case of a notice served elsewhere with the leave of the court under section 3 of the Ordinance, the Registrar when issuing the notice shall fix the time.
to set aside.
R141.
45. The filing of such affidavit shall operate as an Application application to set aside the bankruptcy notice and thereupon the court shall fix a day for hearing the application, and not Form 8. less than three days before the day so fixed the Registrar shall give notice thereof both to the debtor and the creditor and to their respective solicitors, if known. If the applica- tion cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bank- ruptcy will be complete, the court shall extend the time and no act of bankruptcy shall be deemed to have been com- mitted under the notice until the application has been heard and determined.
46. Subject to the power of the court to extend the time, Duration of a bankruptcy notice to be served in the Colony shall be served within one month from the issue thereof.
notice.
R142.
47. A bankruptcy notice shall be served and service Service of thereof shall be proved in the like manner as is by these rules prescribed for the service of a creditor's petition.
notice.
R143. Forms 7, 15,
16.
notice.
48. When the court makes an order setting aside the Setting aside bankruptcy notice it may at the same time declare that no R144. act of bankruptcy has been committed by the debtor under Form 9. such notice.
Petitions.
and address
49. (1) Where a petition is presented by a debtor he Description shall, besides inserting therein his name and description and of debtor. his address at the date when the petition is presented, further R146. describe himself as lately residing or carrying on business
Form 3.
373
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