151. cannot be effected, the Court may extend the time for hearing Rr. 145— the petition, or if the Court is satisfied by affidavit or other evidence on oath that the debtor is keeping out of the way to avoid such service, or service of any other legal process, or that for any other cause prompt personal service cannot be effected, it may order substituted service to be made by delivery of the petition to some adult inmate at his usual or last known residence or place of business, or by registered letter, or in such other manner as the Court may direct, and that such petition shall then be deemed to have been duly served on the debtor. 146. Service of the petition shall be proved by affidavit, with Proof of a sealed copy of the petition attached, which shall be filed in service. Court forthwith after the service. [1870, r. 63.] 147. An application for extension of time for hearing a Extension of petition shall be in writing, but need not be supported by time. affidavit, unless in any case the Court shall otherwise require. (S. 109.) 148. Where a debtor petitioned against is not in England, [1870, r. 64.] the Court may order service to be made within such time and in such manner and form as it shall think fit. HEARING OF PETITION. Service out of 149.-(1.) Where a petition is filed by a debtor the Court Proceedings on shall forthwith make a receiving order thereon. petition. [1870, rr. 60, (2.) A creditor's petition shall not be heard until the expira- (Ss. 4, 5 (f), 8, 9.) tion of eight days from the service thereof, Provided that— Where the act of bankruptcy alleged is that the debtor has (Ss. 6, 7.) filed a declaration of inability to pay his debts, or where 65.1 it is proved to the satisfaction of the Court that the debtor has absconded, or in any other case for good cause shown, the Court may, on such terms, if any, as it may think fit to impose, hear the petition at such earlier date as it may deem expedient. RECEIVING ORDER. 150.—(1.) A receiving order shall be in one of the Forms Receiving Nos. 28 and 29 in the Appendix, with such variations as order. circumstances may require. (Ss. 5, 8, 9, (2.) When a receiving order is made, the Court shall at the 13, 16, 17.) same time fix a day for the public examination of the debtor. notice. 151. A receiving order shall not be made against a debtor Receiving on a petition in which the act of bankruptcy alleged is non- order on compliance with a bankruptcy notice within the appointed time, bankruptcy where such debtor shall have applied to set aside such notice until after the hearing of the application, or where the notice (s. 4, subs. (g), 7, subs. has been set aside, or during a stay of the proceedings thereon; (3).) Rr. 151— but in such case the petition shall be adjourned or dismissed as the Court may think fit. 157. Stay of pro- 10.) Advertisement. (S. 13.) Costs of petition, &c. (Ss. 65, 73, 105. R. S. C. 152. There may be included in a receiving order, an order staying any action or proceeding against the debtor or staying proceedings generally. 153.-(1.) Where a receiving order is made, the registrar shall forthwith give notice thereof to the official receiver and to the Board of Trade. (2.) The official receiver shall forthwith send notice thereof to such local paper as the Board of Trade may from time to time direct, or in default of such direction, as he may select. (3.) The notices shall be in the Forms Nos. 30, 137, in the Appendix with such variations as circumstances may require ; but the Board of Trade may from time to time alter such forms or direct other forms to be used in lieu thereof. 154. All proceedings under the Act down to and including the making of a receiving order shall be at the cost of the party prosecuting the same, but when a receiving order is made the Court may make an order for the payment of the costs of the petitioning creditor (including the costs of the bankruptcy [1870, r. 31.] notice (if any) sued out by him) out of the first net proceeds of the estate, and a composition or scheme which does not provide for the payment in full of any costs so awarded may be disallowed. O. LXV.) When the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the official receiver (in excess of the deposit) between the making of a receiving order and the conclusion of the first meeting of creditors, the Court may order such costs to be paid by the party prosecuting the proceedings. ADJUDICATION. 155. At the time of making a receiving order, or at any time thereafter, the Court may, on the application of the debtor himself, adjudge him bankrupt. Such application may be made orally and without notice. 156. When a receiving order has been made, and no creditors attend at the time and place appointed for the first meeting, or one adjournment thereof, or if sufficient creditors do not attend there to pass a special resolution, or where the official receiver satisfies the Court that the debtor has absconded, or that the debtor does not intend to propose a composition or scheme, or in any of the other cases mentioned in the Act, the Court may, either on the application of a creditor, or of the official receiver, forthwith adjudge the debtor bankrupt. 157.--(1.) An order of adjudication shall be in the Form No. 38 in the Appendix, with such variations as circumstances may Rr. 157require. 163. (2.) When a debtor is adjudged bankrupt, the registrar Form and shall forthwith give notice thereof to the official receiver and notice. to the Board of Trade, who shall advertise and gazette the (S. 20.) adjudication in the like manner as is provided in the case of a receiving order. 158. (1.) An order annulling an adjudication may be in Order anulling the Form No. 41 in the Appendix, with such variations as adjudication. circumstances may require. (Ss. 23, 32, 35, (2.) When an adjudication is annulled the registrar shall 36; see also forthwith give notice thereof to the Board of Trade in order s. 14.) that the annulment may be gazetted. COMPOSITION OR SCHEME UNDER SECTS. 18 Or 23. 159. When the creditors, pursuant to sect. 18, resolve to Object of entertain a proposal for a composition or scheme, the terms of meetings. the composition or scheme shall be settled at the first meeting (Ss. 15, 17, 18, or adjournments thereof. The subsequent meeting shall be held 20, 21, 22.) for the purpose of confirming or rejecting the composition or scheme. If the composition or scheme is rejected the meeting may proceed to appoint a trustee. 160. The party applying to the Court to sanction a com- Notice of position or scheme, shall not less than seven days before the application. day appointed for hearing the application, send notice of his (Ss. 18, subs. application to the official receiver and to every creditor who has (2), 23.) proved. order. 132, 133, 161. The Court before sanctioning a composition or scheme Evidence and shall, in addition to investigating the other matters as required by the Act, require proof that the provisions of sub-sects. (1), (Ss. 18, 23, (2), and (3) of Sect. 18 of the Act have been complied with. sched. 1, r. 25.) An order sanctioning a composition or scheme shall be in the Form No. 47 in the Appendix, with such variations as circumstances may require. The registrar shall forthwith send notice to the Board of Trade of every order made on an application to sanction a composition or scheme, and the Board of Trade shall gazette the same. The notice may be in the Form No. 127 (4) in the Appendix, with such variations as circumstances may require, but the Board of Trade may from time to time alter such form. 162. At the time a composition or scheme is sanctioned, the Correction of formal slips, Court may correct or supply any accidental or formal slip, error, or omission therein, but no alteration in the substance of the composition or scheme shall be made. 163. When a composition or scheme is sanctioned, the Proceedings if official receiver shall forthwith put the debtor (or, as the case sanctioned. may be, the trustee under the composition or scheme) into &c. (S. 105.) scheme (Ss. 18, 21, 22.) Rr. 163 possession of the debtor's property. The Court shall also 171 rescind the receiving order. Non-payment 164. Where a composition or scheme is sanctioned, and of composition. default is made in any payment thereunder, either by the debtor or the trustee (if any), no action to enforce such payment shall lie, but the remedy of any person aggrieved shall be by application to the Court. (S. 18, subs. (10), s. 23, subs. (3).) Vesting of property on annulment of composition. (S. 18, subs. (11), s. 23, (S. 18, subs, How made out. (S. 16.) 165. Where a composition or scheme is annulled, the property of the debtor shall, unless the Court otherwise directs, forthwith vest in the official receiver to whom the estate was originally assigned, without any special order being made or necessary. 166. Where a composition or scheme is annulled, the trustee under the composition or scheme shall pay over and account for to the trustee under the bankruptcy any moneys or property of the debtor which have come to his hands. 167. Where under any composition or scheme provision is made for the payment of any moneys to creditors entitled thereto, and any claim, in respect of which a proof has been lodged, is disputed, the Court may, if it shall think fit, direct that the amount which would be payable upon such claim, if established, shall be secured in such manner as the Court shall direct, until the determination of the claim so disputed; and on the determination thereof, the sum so secured shall be paid as the Court may direct. STATEMENT OF AFFAIRS. 168. Every debtor shall be furnished by the official receiver with instructions for the preparation of his statement of affairs. The statement of affairs (which shall be made out in duplicate, and one copy of which shall be verified) shall be in the Form No. 35 in the Appendix, with such variations or additions as circumstances may require, or in such other form as the Board of Trade may from time to time direct. The official receiver shall file in Court the verified statement of affairs submitted to him by the debtor. PROOF OF DEBTS. Form of proof. Time for 169. (1.) A creditor's proof shall be in the Form No. 52 in the Appendix, with such variations as circumstances may require. 170. A proof intended to be used at the first meeting shall lodging proof. be lodged with the official receiver not less than one clear day before the day appointed for such meeting. (Ss. 37, 38, 39, sched. 2.) List of proofs 171. The official receiver, or, as the case may be, the trustee in every bankruptcy proceeding, shall, on the first day of every month, send to the registrar a certified list of all proofs, if any, tendered during the month next preceding, distinguishing in such list the proofs admitted, those rejected, and such as stand over for further consideration, and in the case of proofs admitted or rejected he shall transmit the proofs themselves for the purpose of being filed. Rr. 171— 175. and proofs to be filed. (Sched. 2, rr. 22-27.) Transmission 172. When a trustee is appointed, the proofs of debts that have been received by the official receiver, and which have not from official already been filed, shall be handed over to the trustee, but the receiver to official receiver shall first make a list of such proofs, which he trustee. shall give to the registrar to be filed with the proceedings. (S. 54, sched. 1.) 173. Subject to the power of the Court to extend the time, Time to admit the trustee, within fourteen days after receiving a proof, shall or reject in writing either admit or reject it wholly or in part, or require further evidence in support of it. 174. Subject to the power of the Court to extend the time, no application to reverse or vary the decision of an official re- rejection or ceiver or trustee in rejecting a proof shall be entertained after admission of the expiration of twenty-one days from the date of the decision proof. complained of. DIVIDENDS. proof. r. 22.) (Sched. 2, r. 24.) 175.-(1.) Not more than two months and not less than Notice of twenty-one days before declaring a dividend, the trustee shall dividend. give notice of his intention to do so to the Board of Trade (in (Ss. 58, 60, order that the same may forthwith be gazetted), and to such of 61.) the creditors mentioned in the bankrupt's statement of affairs as have not proved their debts. Such notice shall specify the latest date within which proofs must be lodged which shall be not less than seven days from the date of such notice. (2.) Immediately after the date mentioned as that within (Sched. 2, which proofs must be lodged, the trustee shall examine and in г. 22.) writing admit or reject any proof, which has not been previously admitted or rejected, and give notice to the creditor of his decision. (3.) Where any creditor appeals against the decision of the (s. 63, sched. trustee rejecting a proof, under this rule, such appeal shall, 2, rr. 24—25.) subject to the power of the Court to extend the time in special (S. 105, cases, be commenced, and notice thereof given to the trustee subs. (4).) within seven days from the date of the notice of the trustee's decision against which the appeal is made, and the trustee shall in such case make provision for the dividend upon such proof and the probable costs of such appeal in the event of the proof being admitted. Where no appeal has been commenced within the time specified in this Rule, the trustee shall exclude all proofs which have been rejected from participation in the dividend. (4.) Immediately on the expiration of the time fixed by this |