rr. 7-10.

from chambers

to court and vice versa.

7. Subject to the provisions of the Act and these Adjournment Rules, any matter or application may, at any time, if the Judge (or, as the case may be, the Registrar) thinks fit, be adjourned from chambers to court or from court to chambers; and if all the contending parties require any matter or application to be adjourned from chambers into court it shall be so adjourned.

Proceedings, how intituled, [s. 94 (5)].

Written or printed proceedings.

Records of the Court.

PROCEEDINGS.

8.-(1.) Every proceeding in court under the Act shall be dated, and shall be intituled "In Bankruptcy," and with the name of the Court in which it is taken, and of the matter to which it relates. Numbers and dates may be denoted by figures.

(2.) All applications and orders shall be intituled ex parte the applicant.

(3.) The first proceeding in every matter shall have a distinctive number assigned to it by the Registrar, and all subsequent proceedings in the same matter shall bear the same number.

(4) When a matter is transferred from one Court to another it shall receive a new distinctive number.

(5.) The Forms Nos. 1 and 2 in the Appendix shall be used with such variations or additions as circumstances may require.

9. All proceedings in the Court shall be written or printed, or partly written and partly printed, on paper of the size hitherto used in bankruptcy, that is to say, on sheets of sixteen inches in length and ten inches in breadth, or thereabouts; but no objection shall be allowed to any proof, affidavit, or proxy on account of its being written or printed on other sized paper.

10. All proceedings of the Court shall remain of record in the Court, so as to form a complete record of each matter, and they shall not be removed for any purpose, except for the use of the officers of the Court or by

special direction of the Judge or Registrar, but they may rr. 11-15. at all reasonable times be inspected by the trustee, the debtor, and any creditor who has proved, or any person on their behalf.

in writing.

11. All notices required by the Act or these Rules Notices to be shall be in writing, unless these Rules otherwise provide or the Court shall in any particular case otherwise order.

sealed.

12. All summonses, petitions, notices, orders, warrants, Process to be and other process issued by the Court shall be sealed. [s. 137].

summoned

13. Where the Court orders a general meeting of Meetings creditors to be summoned under Rule 5 of Schedule I. by Court. to the Act, it shall be summoned as the Court directs, [Form No. 61] and in default of any direction the Registrar shall transmit a sealed copy of the order to the trustee (or, as the case may be, the official receiver) and the trustee or official receiver shall, not less than seven days before such meeting, send a copy of the order to each creditor at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the debtor, or such other address as may be known to the trustee or official receiver.

14. All office copies of petitions, proceedings, affidavits, Office copies. books, papers, and writings, or any parts thereof required by any trustee, or by any debtor, or by any creditor or by the solicitor of any such person, shall be provided by the Registrar, and shall, except as to figures, be fairly written at length, and be sealed and delivered out with- [s. 137]. out any unnecessary delay, and in the order in which they shall have been bespoken.

15.-(1.) The Registrar of each Court shall file a copy Filing, of each issue of the "London Gazette," and whenever gazetting, &c. the Gazette contains any advertisement relating to any matter under the Act in his Court, he shall at the same time file with the proceedings in the matter a memo

rr. 15-17. randum referring to and giving the date of such advertisement.

Notice to creditors. [s.97.]

Transfer.

(2.) In the case of an advertisement in a local paper, the Registrar shall in like manner file a copy of the paper and a memorandum (which may be in the Form No. 128 in the Appendix) referring to and giving the date of such advertisement.

(3.) For this purpose one copy of each local paper, in which any advertisement relating to any matter under the Act in such Court is inserted, shall be left with the Registrar by the person inserting the advertisement.

(4) The memorandum by the Registrar shall be primâ facie evidence that the advertisement in question was duly inserted in the issue of the Gazette or paper to which the memorandum refers.

TRANSFER OF PROCEEDINGS.

16. Where the Judge of a County Court or the Judge or a Registrar of the High Court certifies that in his opinion a bankruptcy proceeding would be more advantageously conducted in some other Court, the Registrar shall, if the opinion is certified before the first meeting of creditors, transmit the certificate to the official receiver who shall lay the same before such meeting, and if it has been certified after such meeting, he shall transmit a copy of such certified opinion to the trustee, if there be one, and if not to the official receiver, who shall thereupon summon a meeting of creditors to consider the

same.1

1 Form No. 22 in the Appendix.

17. If within seven days after the first meeting, or, in any other case, within fourteen days after transmitting such notice to the official receiver or trustee, no resolution of the creditors objecting to such transfer shall be received by the Court through the Registrar, the transfer may be made accordingly; but if the creditors have so objected, the transfer shall not be made.

18. Where the proceedings in any bankruptcy matter r r. 18-20. are transferred from the Court to which the petition was Transmission presented to any other Court, the Registrar of the first of records. Court shall send by post all the proceedings to the Registrar of the Court to which the proceedings are transferred; and the receipt of such proceedings shall be considered to authorise the latter Court to continue such proceedings, without any further order for transferring them than is contained in the proceedings.

MOTIONS AND PRACTICE.

19. Every application to the Court (unless otherwise Applications to be by provided by these Rules, or the Court shall in any motion. particular case otherwise permit) shall be made by motion supported by affidavit.

There is no right to cross-examine a deponent upon an affidavit which has been filed until it has been read. It may be withdrawn without being read (Ex pte Child, In re Ottaway, 20 Ch. D., 126).

A deposition of a witness which has been filed for one purpose may be used against him as an admission in any other proceeding in the same bankruptcy. When one party intends to use such a deposition he should serve notice of his intention to do so upon the other, and not a copy of it (Ex pte Hall, In re Cooper, 19 Ch. D., 580).

motion and

20. Where any party other than the applicant is Notice of affected by the motion, no order shall be made unless ex parte upon the consent of such party duly shown to the Court applications. or upon proof that notice of the intended motion and a copy of the affidavits in support thereof have been duly served1 upon such party: Provided that the Court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail serious mischief, may make any order ex parte upon such terms as to costs and otherwise, and subject to such undertaking, if any, as the Court may think just; and any party affected by such order may move to set it aside.

1 As to the mode of service, personal or otherwise, see r r. 25, 79-82, and s. 142.

Notice of motion must be served not less than eight days before the day named for the hearing, unless leave to serve short notice of motion be

rr. 21-25. obtained,- -see next rule. But no time appears to be fixed for the delivery of affidavits in support of the motion, although affidavits in opposition must be delivered not less than two days before the day appointed for the hearing (r. 22).

Length of notice.

Affidavits against motion.

Notice not

proper parties.

All affidavits must be filed not later than the day before the hearing (r. 26).

21. Unless the Court gives leave to the contrary, notice of motion shall be served on any party to be affected thereby not less than eight days before the day named in the notice for hearing the motion. An application for leave to serve short notice of motion shall be made ex parte.

22. Where the respondent intends to use affidavits in opposition to the motion he shall deliver copies of such affidavits to the applicant not less than two days before the day appointed for the hearing.

23. If on the hearing of any motion or application the served on all Court shall be of opinion that any person to whom notice has not been given ought to have, or to have had, such notice, the Court may either dismiss the motion or application or adjourn the hearing thereof in order that such notice may be given, upon such terms, if any, as the Court may think fit to impose.

Adjournment.

[s. 105 (2)].

Personal service.

24. The hearing of any motion or application may from time to time be adjourned upon such terms (if any) as the Court shall think fit.

25. In cases in which personal service of any notice of motion or of any order of the Court, is required, the same shall be effected, in the case of a notice of motion, by delivering to the party or parties to be served, and each of them, a copy of the notice of motion; and in the case of an order by delivering to the party or parties to be served, and each of them, a sealed copy of the order. Personal service on a firm (r. 193).