Imágenes de páginas

the Court may dismiss the application or adjourn it on such R. 267terms, as to costs and otherwise, as may be just.

270. Cf. section 103.

267. Where an application to commit is made to a County Administra

tion order Court, and it appears to the Court that the total liabilities of

in lieu of the judgment debtor do not exceed fifty pounds, the Court receiving

order. may, if it thinks that an order for committal ought not to be made, make an administration order under section 122 of the Act in lieu of making a receiving order.

Cf. section 122.

268.-(1.) Where an application to commit is made to the Power to Judge of a Court not having bankruptcy jurisdiction, and he certain cases.

transfer in is of opinion that a receiving order should be made in lieu of committal, he may order the matter to be transferred to the nearest or most convenient Court having bankruptcy jurisdiction.

(2.) In such case the Registrar of the Court making the transfer shall transmit by post to the Registrar of the Court to which the matter is transferred the proceedings in the matter, together with a copy of the order of transfer.

269. No inferior Court within the London Bankruptcy High Court District shall exercise jurisdiction under section 5 of the judgments. Debtors Act, 1869, in respect of any judgment of the High Court.

270. The County Court Rules for the time being in force as Procedure. to the committal of judgment debtors shall, with any necessary modifications, apply to all Courts exercising jurisdiction under section 5 of the Debtors Act, 1869, provided that any reference therein to the Bankruptcy Act, 1869, shall be de to extend also to the corresponding provisions of the Bankruptcy Act, 1883.


Nurnber. 1. General Title High Court). 2. General Title (County Court). 3. Declaration of Inability to pay. 4. Debtor's Petition. 5. Request for Issue of Bankruptcy Notice. 6. Bankruptcy Notice. 7. Affidavit of Service of Bankruptcy Notice. 8. Affidavit on Application to set aside Bankruptcy Notice. 9. Orders setting aside Bankruptcy Notice. 10. Creditor's Petition. 11. Creditor's Petition for Administration of Estate of deceased Debtor

under Sect. 125. 12. Affidavit of Truth of Statements in Petition. 13. Affidavit of Truth of Statements in Petition (General Deponents). 14. Application for Interim Receiver. 15. Affidavit of Service of Petition. 16. Substituted Service of Petition (Notice in Gazette). 17. Notice by Debtors of Intention to oppose Petition. 18. Order to stay Proceedings on Petition. 19. Bond on stay of Proceedings. 20. Notice of Sureties. 21. Affidavit of Justification. 22. Certificate of Judge for transfer of Proceedings. 23. Order of transfer of Proceedings. 21. Adjournment of Petition. 25. Dismissal of Petition. 26. Dismissal of Petition when Proceedings stayed. 27. Order restraining Action. 28. Receiving Order on Debtor's Petition. 29. Receiving Order on Creditor's Petition. 30. Notice of Receiving Order (Local Paper). 31. Order for Administration of Estate of deceased Debtor. 32. Transfer of Proceedings under Sect. 125. 33. Application for Summary Administration. 34. Order for Summary Administration. 35. Statement of Affairs. 36. Memorandum of Public Examination. 37. Order that Examination is concluded. 38. Order of Adjudication. 39. Notice of Adjudication (Local Paper).

Number. 40. Application to annul Adjudication. 41. Order annulling Adjudication. 42. Application for Order of Discharge. 43. Certificate of Number of Creditors. 44. Notice to Creditors of Application for Discharge. 45. Order of Discharge. 46. Certificate of Removal of Disqualifications. 47. Order sanctioning Composition or Scheme. 48. Application to enforce Provision in a Composition. 49. Affidavit in support of Application. 50. Order for Enforcement. 51. Certificate of Composition or Scheme. 52. Affidavit of Proof. 53. Affidavit of Proof by Agent of Company. 54. General Proxy. 55. Special Proxy. 56. Voting Letter under s. 18. 57. Notice to Creditors of First Meeting. 58. Notice to Debtor to attend First Meeting. 69. Minutes of Proceedings at First Meeting. 60. List of Creditors to be used at every Meeting. 61. Order of Court for Meeting. 62. Notice of Meeting (General Form). 63. Notice concerning Second Meeting to confirm Composition or Scheme. 64. Resolution at Second Meeting. 65. Notice to Creditors of Application to Court to sanction Composition. 66. Notice to Creditors of Meeting to name Trustee. 67. Notice of Meeting to be held to appoint new Trustee. 68. Minutes of Meeting for receiving Trustee's Resignation. 69. Report of Appointment of Trustee. 70. Request by Creditor to Board to notify Objection to Trustee, High

Court. 71. Certificate of Appointment of Trustee. 72. Bond of Trustee. 73. Report of Appointment of Trustee to fill Vacancy. 74. Application by Trustee to Court for Directions. 75. Order on Application for Directions. 76. Notice of Intention to disclaim Lease. 77. Notice of Intention to declare Dividend. 78. Notice of Intention to declare Fund Dividend. 79. Statement to accompany Notice of Dividend. 80. Notice of Dividend. 81. Application for Order to pay Dividend withheld. 82. Certificate by Committee of Inspection as to audit of Trustee's

Accounts. 83. Affidavit verifying Trustee's Account.

Number. 84. Annual Return by Trustee. 85. Trustee's Trading Account. 86. Profit and Loss Account. 87. Affidavit verifying Trading Account. 88. Notice to Bankrupt under Sect. 53. 89. Order setting aside Pay under Sect. 53 (1). 90. Order setting aside Income, &c. under Sect. 53 (3). 91. Application to Board for Account at Local Bank, 92. Order of Board for Local Account. 93. Notice to Creditors of Intention to apply for Release. 94. Application for Release to Board of Trade. 96. Request to deliver Bill for Taxation. 96. Allocation. 97. Form of Books to be kept by Taxing Officer. 98. Form of Return by Taxing Officer. 99. Admission of Debt by Debtor of Bankrupt. 100. Order to pay admitted Debt. 101. Search Warrant. 102. Warrant of Service. 103. Warrant against Debtor about to quit England, &c. 104. Subpæna (High Court). 105. Subpæna Duces Tecum (High Court). 106. Subpoena or Summons to Witness in County Court. 107. Summons under Sect. 27. 108. Application by Trustee for Committal of Bankrupt or other Person. 109. Affidavit in support of Application for Committal of Debtor for

Contempt of Court under Sect. 24. 110. Affidavit of Trustee under Sect. 50 (6). 111. Notice of Application for Committal under Sects. 18, 23. 112. Order of Committal under Sect. 18 or 23. 113. Notice of Application for Committal under Sect. 24. 114. Affidavit of Person interested in a Composition for Committal. 115. Affidavit for immediate Committal under Sect. 102 (6). 116. Notice of Application for Committal under Sect. 50 (6). 117. Order of Committal under Sect. 24. 118. Order of Committal under Sect. 50 (6). 119. Warrant of Committal for Contempt. 120. Warrant to apprehend a Person summoned under Sect. 24. 121. Order for Discharge from Custody on Contempt. 122. Order to Postmaster-General under Sect. 26. 123. Certificate to Speaker of the House of Commons under Sect. 33. 124. Issues of Fact for Trial by Jury (High Court). 125. Bankruptcy Notice Book. 126. Bankruptcy Register to be kept by Registrar. 127. Bankruptcy Notices for “London Gazette." 128. Memorandum of Advertisement or Gazetting.


[NOTE.—The notes appended to these forms are not part of the forms themselves,

but are for the guidance of parties using the forms. In all forms requiring verification, the deponent may, at his option, substitute a statutory declaration for an oath.]

FORM No. 1.

General Title (High Court).
In the High Court of Justice.
In Bankruptcy.

No. of 188

Re [James Brown]. [Ex parte (here insert "the Debtor," or “J.S. a creditor," *the Official Receiver," or "the Trustee") 7.


No. 2.

General Title (County Court).
In the County Court of holden at
In Bankruptcy.


of 188

Re [Ex parte ]

[ocr errors]


No. 3.
Declaration of Inability to Pay.

(Title.) I, A.B. [name and description of debtor], residing at Land carrying on business at] hereby declare that I am unable to pay my debts. Dated 188


A.B. Signed by the debtor in my presence. Signature of witness. Address. Description. Filed the

day of

188 NOTE.—Where the debtor resides at a place other than his place of

business both addresses should be inserted.


« AnteriorContinuar »