BANKRUPTCY RULES

BANKRUPTCY RULES

BANKRUPTCY RULES

ARRANGEMENT OF RULES

Rule page

PART 1
PRELMINARY

1.........Citation ........................... ... ... ... ... ... ... ... ... A 8
2.........Interpretation ..................... ... ... ... ... ... ... ... ... ... A
8

3. Computation of time............. ... ... ... ... ... ... ... ... ... A 8

4...........[Transferred) .................... ... ... ... ... ... ... ... ... ... A 8

PART 11

GENERAL PROCEDURE

Court and chambers

5....................Matters to be heard in court ... ... ... ... ... ... ... ... ... A 9

6................................Adjournment from chambers to court and vice versa ... ... ... ... A 9

Proceedings

7..................Proceedings, how intituled ... ... ... ... ... ... ... ... ... ... A 9

8................Records of the court ........ ... ... ... ... ... ... ... ... ... A10
9................Notices to be in writing . ... ... ... ... ... ... ... ... ... ... A 10

10...................Meetings summoned by court ... ... ... ... ... ... ... ... ... A 10

11............................Official Receiver to file copies of advertisements ... ... ... ... ... A 10

Preparation of order

12. Preparation of order............ ... ... ... ... ... ... ... ... ... All

Security in court

13............Security by bond ............... ... ... ... ... ... ... ... ... ... All
14............Amount of bond ................. ... ... ... ... ... ... ... ... All

15. Deposit in lieu of bond...... ... ... ... ... ... ... ... ... ... ... All
16. Money lodged in court ....... ... ... ... ... ... ... ... ... ... ... All

17.....................Security of guarantee society, etc . ... ... ... ... ... ... ... ... All

18............Notice of sureties ............. ... ... ... ... ... ... ... ... ... A 12

19. Justification by sureties....... ... ... ... ... ... ... ... ... ... A 12

20............Execution of bond .............. ... ... ... ... ... ... ... ... ... A 12
21............Notice of deposit .............. ... ... ... ... ... ... ... ... ... A 12

Exemption from stamp duty

22.................Application of section 125 ... ... ... ... ... ... ... ... ... ... A 12







Shorthand notes
23. Appointment and remuneration of shorthand writer ... ... ... ... ... A 12





Rule page
Discovery and examination under section 29

24. Discovery ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13
25. Examination under section 29 ... ... ... ... ... ... ... ... ... ... A 13

Warrants, arrests, and commitments
26. To whom warrants addressed ... ... ... ... ... ... ... ... ... ... A 13
27. Procedure when warrant issued under section 27 of Ordinance ... ... ... A 13
28. Procedure when warrant issued under section 29(2) of Ordinance ... ... A 14
29. Application to commit ... ... ... ... ... ... ... ... ... ... ... ... A 14
30. Notice and hearing of application ... ... ... ... ... ... ... ... ... A 14

Service of Petition, orders, etc. on debtor
31. Service of petition, etc . ... ... ... ... ... ... ... ... ... ... ... ... A 14

Costs and taxation
32. Regulations as to costs ... ... ... ... ... ... ... ... ... ... ... ... A 14
32A. Costs ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A15
33. Solicitor's costs in case of petition by debtor ... ... ... ... ... ... ... A15
34. Certificate of employment ... ... ... ... ... ... ...
... ... ... ... A15
35. Notice of appointment ... ... ... ... ... ... ... ... ... ... ... A15
36. Lodgment of bill ... ... ... ... ... ... ... ... ... ... ... ... ... A15
37. Copy of bill ... ... ... ... ... ... ... ... ... ... ... ... ... ... A
16
38. Applications for costs ... ... ... ... ... ... ... ... ... ... ... ... A 16
39. Costs of shorthand notes ... ... ... ... ... ... ... ... ... ... ... A 16
40. Disallowance of costs of unnecessary petition ... ... ... ... ... ... ... A 16
41. Apportionment of costs in case of partnership ... ... ... ... ... ... A 16
42. Costs out of joint and separate estates ... ... ... ... ... ... ... ... A 16

PART III

PROCEEDINGS IN
BANKRUPTCY

Declaration of inability to pay debts

43. Form of declaration............. ... ... ... ... ... ... ... ... ... A 17

Bankruptcy notice

44............Issue of notice ................ ... ... ... ... ... ... ... ... ... A 17

45...................Endorsement of address, etc . ... ... ... ... ... ... ... ... ... A 17

46.................Application to set aside ... ... ... ... ... ... ... ... ... ... A 18

47..............Duration of notice ........... ... ... ... ... ... ... ... ... ... A 18

48............Service of notice .............. ... ... ... ... ... ... ... ... ... A 18
49............Setting aside notice............ ... ... ... ... ... ... ... ... ... A 18





Rule........................................ Page

...............Petitions
50.Description and address of debtor .......... ... ... ... ... ... ... A 18

51...........Attestation ...................... ... ... ... ... ... ... ... ... A 19

51A. Copies of documents filed in bankruptcy proceedings to be served on Official

Receiver ................................ ... ... ... ... ... ... A 19

52...............Deposit by petitioner ........ ... ... ... ... ... ... ... ... ... A 19

53....................................Registration of petition in Land Office or District Land Office ... ... A 19

54. Registration of petition in Land Office or District Land Office against

partner ................................. ... ... ... ... ... ... A 19

Creditor's petition

55. Security for costs................ ... ... ... ... ... ... ... ... ... ... A 20
56. Verification ..................... ... ... ... ... ... ... ... ... A 20
57. Who to verify .................... ... ... ... ... ... ... ... ... ... A 20
58. Joint petitioners................. ... ... ... ... ... ... ... ... ... A 20

Service of creditor's petition

59........Service ............................. ... ... ... ... ... ... ... ... A 20

60...........................Death of debtor before service of petition ... ... ... ... ... ... A 20

Interim receiver

61. Form and contents of order ... ... ... ... ... ... .. . ... ... ... A 20

62.........Deposit ............................ ... ... ... ... ... ... ... ... A 20

63..................Further deposit necessary ... ... ... ... ... ... ... ... ... ... A 20

64...............Repayment of deposit ......... ... ... ... ... ... ... ... ... ... A 21

65. Damages if petition dismissed ... ... ... ... ... ... ... ... ... ... A 21

Hearing of petition

66.............Time of bearing ................ ... ... ... ... ... ... ... ... ... A 21
67.............Several respondents ............ ... ... ... ... ... ... ... ... ... A 21
68. Debtor intending to show cause A 21
69. Non-appearance of debtor A 21

70. Hearing of petition ... ... ... ... ... ... ... ... ... ... ... ... A 22
71. Non-appearance of creditor ... ... ... ... ... ... ... ... ... ... ... A 22
72. Application to withdraw petition ... ... ... ... ... ... ... ... ... A 22

Receiving order, etc.

72A. Drawing up and contents of receiving order A 22
73. Registration of receiving order or order of adjudication inLand Office

or District Land Office ... ... ... ... ... ... ... ... ... ... ... A 22

74. Registration of receiving order or order of adjudication in Land Office,

or District Land Office, against partner ... ... ... ... ... ... ... A 22







75. Service of receiving order, etc . ... ... ... ... ... ... ... ... ... ... A 23





Rule ................... Page

76. Receiving order on bankruptcy notice ... ... ... ... ... ... ... ... A 23

77................Stay of proceedings ......... ... ... ... ... ... ... ... ... ... A 23

78.............Advertisement .................. ... ... ... ... ... ... ... ... A 23
79.............Costs of petition, etc . .... ... ... ... ... ... ... ... ... ... ... ... A 23

79A. Official Receiver's costs where proceeds of estate insufficient ... ... ... A23

80. Application to rescind order, to stay proceedings thereunder or to annul

adjudication ........................ ... ... ... ... ... ... ... A 23

Statement of affairs

81.............How made out ................... ... ... ... ... ... ... ... A 24

81A.....................Dispensation of statement of affairs ... ... ... ... ... ... ... ... A 24

82.............Extension of time .............. ... ... ... ... ... ... ... ... ... A 25

Public examination

83.............Adjournments sine die .......... ... ... ... ... ... ... ... ... ... A 25

84...............Application to proceed ....... ... ... ... ... ... ... ... ... ... ... A 25

85.........................Proceeding after adjournment sine die ... ... ... ... ... ... ... A 25

86.............................Notice of proceeding after adjournment sine die ... ... ... ... ... A 25
87.............................Public examination of debtor who is a lunatic, etc. ... ... ... ... A 25

87A. Report of Official Receiver relating to dispensation with public examination A 26

Discharge

88...........Application .................. ... ... ... ... ... ... ... ... ... A 26

89.........Appeals ...................... ... ... ... ... ... ... ... ... ... A 27

90..................Report of Official Receiver ... ... ... ... ... ... ... ... ... ... A 27

91....................Evidence in answer to report ... ... ... ... ... ... ... ... ... A 27

92................Costs of application .... ... ... ... ... ... ... ... ... ... ... A 27

93. Orders conditional on consent to judgment ... ... ... ... ... ... ... A 27

94.........Order .......................... ... . 1 . ... ... ... ... --- ... A 27

95.............Gazetting order ............... ... ... ... ... ... ... ... ... ... A 28

96..................................Execution on judgment in case of conditional discharge ... ... ... A 28
97. Accounts of after-acquired property A 28

98. Verification of statements of after-acquired property, etc . ... ... ... ... A 28
99. Application for modification of order ... ... ... ... ... ... ... ... A28

Meetings of creditors
100. Notice to debtor of first meeting ... ... ... ... ... ... ... ... ... A 29
101. Notice of first meeting ... ... ... ... ... ... . ... ... ... ... ... ... A 29
102. Notices of other meetings ... ... ... ... ... ... ... ... ... ... ... A 29
103. Non-reception of notice by creditor ... ... ... ... ... ... ... ... ... A






29
104. Notice to Official Receiver of creditors' meetings ... ... ... ... ... ... A 29
105. Proof of notice ... ... ... ... ... ... ... ... ... ... ... ... ... A 29
106. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 29
107. Adjournment ... ... ... ... ... ... ...
... ... ... ... ... ... ... A 29
108. Quorum ... ... ... ... ... --- ... .. ~ ... ... ... ... ... ... ... A 29





Rule Proof of debts Page

109............Swearing of proof .......... ... ... ... ... ... ... ... ... ... ... A 29
110............Workmen's wages ............... ... ... ... ... ... ... ... ... ... A30

ill..............................Production of bills of exchange and promissory notes ... ... ... ... A 30

112................Time for lodging proofs ... ... ... ... ... ... ... ... ... ... A30

113.....................Transmission of proofs to trustee ... ... ... ... ... ... ... ... A30

114...................................Time for admission or rejection of proofs by Official Receiver ... ... A30

115..............................Time for admission or rejection of proof by trustee ... ... ... ... A 30

116..................Notice of admission of proof ... ... ... ... ... ... ... ... ... A 31
117..................Appeal from rejection of proof ... ... ... ... ... ... ... ... ... A 31

118.........................Costs of appeals from decisions as to proofs ... ... ... ... ... ... A 31

Proxies and voting letters

119............Filing of proxies .......... ... ... ... ... ... ... ... ... ... ... A 31
120............Signature of proxy ............ ... ... ... ... ... ... ... ... ... A 31,

121.....................Filling in when creditor blind, etc . ... ... ... ... ... ... ... ... A 31

122................Minors not to be proxies ... ... ... ... ... ... ... ... ... ... A 31

Dividends

123................Notice of intended dividend ... ... ... ... ... ... ... ... ... A 31
124................Production of bills, notes, etc . ... ... ... ... ... ... ... ... ... A 32
125................Dividend may be sent by post ... ... ... ... ... ... ... ... ... A32

126.....................Payment of dividends to a nominee ... ... ... ... ... ... ... ... A32

Registration of general assignments of book debts

127............Form of register .............. ... ... ... ... ... ... ... ... ... A32

Appropriation of pay, salary. pensions. etc.

128.....................Notice to bankrupt of application ... ... ... ... ... ... ... ... A33

129............Review of order ............... ... ... ... ... ... ... ... ... ... A33

Disclaimer of lease

130............Disclaimer of lease ........ ... ... ... ... ... ... ... ... ... ... A33

Proceedings by company or co-partnership

131.......................Public officer or agent of company, etc . ... ... ... ... ... ... ... A34

Proceedings by or against firm

132..................Attestation of firm signature ... ... ... ... ... ... ... ... ... A35

133................Debtor's petition by firm ... ... ... ... ... ... ... ... ... ... A35
134................Creditor's petition by firm ... ... ... ... ... ... ... ... ... ... A35
135................Creditor's petition against firm ... ... ... ... ... ... ... ... ... A 35
136................Petition by limited partnership ... ... ... ... ... ... ... ... ... A35

137..............Statement of affairs ..... ... ... ... ... ... ... ... ... ... ... A35







138.........First meeting ....................... ... ... ... ... ... ... ... ... A35

139..................................Acceptance of composition, etc., by joint and separate creditors ... ... A35
140. Voting on composition A 36

141. Adjudication, trustee ... ... ... ... ... ... ... ... ... ... ... ... A36
142. Separate firms ... ... ... ... - ... ... ... ... ... ... ... ... A36





Rule Lunatics Page

143.......Lunatics ........................ ... ... ... ... ... ... ... ... ... A36

Administration of estates of deceased insolvents

144..............Verification of petition ....... ... ... ... ... ... ... ... ... ... A37

145.......Deposit ............................ ... ... ... ... ... ... ... ... A37
146.......Gazetting ....................... ... ... ... ... ... ... ... ... ... A37
147.......Service ............................ ... ... ... ... ... ... ... ... A 37

148..............Duties of executor, etc ........ ... ... ... ... ... ... ... ... ... A38

149.....................Meetings of ~tors, trustees, etc . ... ... ... ... ... ... ... ... A38

Summary administration of small bankruptcies

149A. Administration of small bankruptcies ... ... ... ... ... ... ... ... A38

PART IV

OFFICIAL RECEIVER TRUSTEES, SPECIAL MANAGERS, SECURITY BY
TRUSTEE OR
SPECIAL MANAGER, GAZE ACCOUNTS AND AUDIT, UNCLAIMED ~5

Official Receivers

150.......................Duties as to debtor's statement of affairs ... ... ... ... ... ... ... A39

151...................Subsistence allowance to debtor ... ... ... ... ... ... ... ... ... A39

152..............................Special report as to person employed to assist debtor ... ... ... ... A 40

153................Use of proxies by deputy ... ... ... ... ... ... ... ... ... ... A 40

154.....................Registrar to act in sudden emergency ... ... ... ... ... ... ... ... A 40

155...................Removal of special manager ... ... ... ... ... ... ... ... ... A 40
156...................Mode of application to court ... ... ... ... ... ... ... ... ... A 40

157.........................Evidence on application by Official Receiver ... ... ... ... ... ... A 40

158................Application for directions ... ... ... ... ... ... ... ... ... ... A 40
159................Accounting by Official Receiver ... ... ... ... ... ... ... ... ... A 40

160..............Accounts of debtor ............. ... ... ... ... ... ... ... ... A 41

161.......................Liability for costs, expenses and damages ... ... ... ... ... ... ... A 41

Outside trustees

162..............Notice of appointment .... ... ... ... ... ... ... ... ... ... ... A 41

163...................Grounds for refusing to appoint ... ... ... ... ... ... ... ... ... A 41

164............................Removal for failing to keep up or increase security ... ... ... ... ... A 42

165............Removal by court .............. ... ... ... ... ... ... ... ... ... A 42
166............Notice of resignation ......... ... ... ... ... ... ... ... ... ... ... A 42
167............Limit of remuneration ......... ... ... ... ... ... ... ... ... ... ... A 42
168. Trustee carrying on business A 42

169. Application for release ... ... ... ... ... ... ... ... ... ... ... ... A 42







170. Gazetting of release ... ... ... ... ... ... ... ... ... ... ... ... A 42

171. Delivery of books, etc., on release of trustee ... ... ... ... ... ... ... A 42

172. Meeting to consider removal of trustee ... ... ... ... ... ... ... ... A43

173. Bank account ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 43

174. Application for directions ... ... ... ... ... ... ... ... ... ... ... A 43





Rule....................................... page

175............................Creditor may obtain copy of trustee's accounts ... ... ... ... ... A 43
176............................Statements of accounts to be furnished to creditors ... ... ... ... ... A 43

177. Purchase of part of estate by trustee or committee forbidden ... ... ... A 43
178. Dealings with estate by trustee and committee of inspection ... ... ... A 43
179. Discharge of costs, etc., before estate handed over to trustee ... ... ... A 44

180..............................Meetings of creditors to consider conduct of trustee ... ... ... ... A 45

Special manager

181.....................Remuneration of special manager ... ... ... ... ... ... ... ... A 45

182.......Accounts ........................ ... ... ... ... ... ... ... ... ... A 45

Security by trustee or special manager

183..................Standing security to Registrar ... ... ... ... ... ... ... ... ... A 45

Gazetting

184............Gazetting notices .......... ... ... ... ... ... ... ... ... ... ... A 45

185.........Re-gazetting .................. ... ... ... ... ... ... ... ... ... A 45

186. Gazetting annulment of order already gazetted ... ... ... ... ... ... A 46

Accounts and audit

187..............Record of minutes, etc ......... ... ... ... ... ... ... ... ... ... A 46

188.........Cash book ........................... ... ... ... ... ... ... ... A 46

189............................Books to be submitted to committee of inspection ... ... ... ... ... A 46

190..............Audit of cash book ............. ... ... ... ... .. . ... ... ... A 46

191. Official Receiver's audit of trustee's accounts ... ... ... ... ... ... ... A 46

192..............Accounts to be filed ..... ... ... ... ... ... ... ... ... ... ... A 47
193..............Affidavit of no receipts ....... ... ... ... ... ... ... ... ... ... A 47

194. Proceedings on resignation, etc., of trustee ... ... ... ... ... ... ... A 47

195.....................Joint and separate estates accounts ... ... ... ... ... ... ... ... A 47

196............Expenses of sale .............. ... ... ... ... ... ... ... ... ... A 47
197............Allowance to debtor ........ ... ... ... ... ... ... ... ... ... ... A 47

Unclaimed funds
198.........................Application for payment out by party entitled ... ... ... ... ... ... A 47

199.......................Accounts by trustees of unclaimed funds ... ... ... ... ... ... ... A 48

PART V

MISCELLANEOUS

200. Falsification of documents ... ... ... ... ... ... ... ... ... ... ... A 48
201. No lien on debtor's books ... ... ... ... ... ... ... ... ... ... ... A 48
202. Disposal of bankrupt's books and papers ... ... ... ... ... ... ... ... A 48
203. Non-compliance with rules ... ... ... ... ... ... ... ... ... ... ... A 48
204. Abridgment or enlargement of time ... ... ... ... ... ... ... ... ... A 48






205. Saving for existing laws, etc. ... ... ... ... ... .... ... ... ... ... A 48

Schedule. Regulations as to costs ... ... ... ... ... ... ... ... ... ... ... A 49





BANKRUPTCY RULES

(Cap. 6, section 113)

[1st January, 1933.]

PART I

PRELIMINARY

1. These rules may be cited as the Bankruptcy Rules.

2. In these rules, unless the context otherwise requires

'court' means the court as defined by the Ordinance, and includes the
Registrar when exercising the power of the court pursuant to the
Ordinance or these rules;

'court of appeal' means any court exercising appellate jurisdiction
under the Ordinance or these rules;

'creditor' includes a corporation, and a firm of creditors in partnership
ship;

'debtor' includes any debtor proceeded against under the Ordinance,
whether adjudged bankrupt or not, and also includes a firm of
debtors in partnership;

includes the Registrar of the Supreme Court and any

'Registrar' Deputy Registrar of the Supreme Court;

'scheme' means a scheme of arrangement pursuant to the Ordinance;

'sealed' means sealed with the seal of the court;

'taxing officer' includes the Registrar and also any officer or officers of
the court whose duty it is to tax costs;

'trustee' includes the trustee appointed under a composition or scheme
of arrangement, and also includes the Official Receiver when acting
as trustee.

3. The provisions of section 122 of the Ordinance shall apply to
these rules as if the words 'these rules' were substituted for the words
'this Ordinance' in the first line of the said section.

4. [Transferred to the Bankruptcy (Forms) Rules, rule 2].

Note:The marginal references, e.g., 'R1.', are to the English Bankruptcy
Rules 1915.





PARTII

GENERAL PROCEDURE

Court and chambers

5. The following matters and applications shall be heard and
determined in open court

(a) petitions:

Provided that a debtor's petition may be heard in
chambers if urgent, and if the judge so directs;

(b)applications to rescind a receiving order, or to annul an
adjudication;

(c) the public examination of debtors;

(d)applications to approve a composition or scheme of
arrangement;

(e) applications for orders of discharge;
applications to set aside or avoid any settlement, con-
veyance, transfer, security or payment, or to declare for
or against the title of the trustee to any property adversely
claimed;

(g)applications for the committal of any person to prison for
contempt;

(h) appeals against the rejection of a proof, or applications to
expunge or reduce a proof, where the amount in dispute
exceeds $10,000;

(i)applications for the trial of issues of fact with a jury, and the
trial of such issues;

(j) any other matter which the Chief Justice may direct.

Any other matter or application may be heard and determined in
chambers unless the judge directs that it be heard and determined in
open court.

6. Subject to the provisions of the Ordinance and these rules, any
matter or application may, at any time, if the judge thinks fit, P
adjourned from chambers to court or from court to chambers

and if all the contending parties require any matter or application
ion to be adjourned from chambers to court it shall be so adjourned

Proceedings

7. (1) Every proceeding in court under the Ordinance shall be dated,
and shall be intituled 'In Bankruptcy- and with the name 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 distinc-
tive number assigned to it by the Official Receiver and all sub-
sequent proceedings in the same matter shall bear the same number.

8. All proceedings of the court shall remain of record in
the court, in the custody of the Registrar, 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 at all
reasonable times be inspected by the trustee, the debtor, and any
creditor who has proved, or any person acting on behalf of the
trustee, debtor, or creditor, and, by special direction of the court,
any other person.

9. All notices required by the Ordinance or these rules shall
be in writing, unless these rules otherwise provide or the court in
any particular case otherwise orders.

10. Where the court orders a general meeting of creditors to
be summoned under rule 5 of the Meetings of Creditors Rules,
it shall be summoned as the court directs, and in default of any
direction by the court the Official Receiver, if a trustee other than
the Official Receiver has been appointed, shall transmit a sealed
copy of the order to the trustee; and the trustee (if any) or the
Official Receiver (if no trustee has been appointed) shall, not less
than 7 days before such meeting, send a copy of the order to each
creditor at the address given in his proof, or when he has not
proved, the address given in the list of creditors by the debtor,
or such other address as may be known to the trustee or the
Official Receiver.

11. (1) Whenever the Gazette contains any advertisement
relating to any matter under the Ordinance, the Official Receiver
shall file with the proceedings in the matter a copy of such
advertisement.

(2) In the case of an advertisement in a local paper, the
Official Receiver shall in like manner file a copy of the advertise-
ment appearing therein.

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

(4) The filed copy of such advertisement shall be prima facie
evidence that it was duly inserted in the issue of the Gazette or
paper mentioned.





Preparation of order

12. If within 1 week from the making of an order of adjudication, an
order annulling adjudication or rescinding a receiving order, an order on
application to approve a composition or scheme, an order annulling a
composition or scheme, or an order on application for discharge, such
order has not been completed, it shall be the duty of the Official
Receiver to prepare and complete such order:

Provided that

(a)if in any case the judge is of opinion that the provisions of
this rule ought not to apply, he may so order; and

(b)where an order of discharge is granted subject to the
condition that judgment shall be entered against the bankrupt,
nothing in this rule shall require the Official Receiver to
prepare and complete the order until the bankrupt has given a
consent to judgment being entered against him.

Security in court

13. Except where these rules otherwise provide, where a person is
required to give security such security shall be in the form of a bond
with 2 sureties to the person proposed to be secured:

Provided that the court may direct that one surety shall suffice.

14. The bond shall be taken in a penal sum, which shall be not less
than the sum for which security is to be given, and probable costs,
unless the opposite party consents to it being taken for a less sum.

15. Where a person is required to give security, he may in lieu
thereof lodge in court a sum equal to the sum in question in respect of
which security is to be given and the probable costs of the trial of the
question, together with a memorandum to be approved of by the
Registrar and to be signed by such person, his solicitor or agent, setting
forth the conditions on which the money is deposited.

16. The rules for the time being in force in the court relating to
payment into and out of court of money lodged in court by way of
security for costs shall apply to money lodged in court under these
rules.

17. The security of a guarantee association or society approved
by the court or the opposite party may be given in lieu off& bond or
a deposit.
m or an insurance company





18. In all cases where a person proposes to give a bond by way of
security, he shall serve, by post or otherwise, on the opposite party and
on the Registrar, notice of the proposed sureties, and the Registrar may
give notice to both parties of the time and place at which he proposes
that the bond shall be executed and may state in the notice that, should
the proposed obligee have any valid objection to make to the sureties or
either of them, it must be made at that time.

19. The sureties shall make an affidavit of their sufficiency unless
the opposite party dispenses with such affidavit, and such sureties shall
attend the court to be cross-examined, if required.

20. The bond shall be executed and attested in the presence of the
Registrar or the Official Receiver.

21. Where a person makes a deposit of money in lieu of giving a
bond, the Registrar shall forthwith give notice to the person to whom the
security is to be given of such deposit having been made.

Exemption from stamp duty

22. For the purposes of section 125 of the Ordinance, 'bankruptcy'
shall include any proceeding under the Ordinance whether before or
after adjudication, and whether an adjudication is made or not, and
'bankrup' shall include any debtor proceeded against under the
Ordinance.

Shorthand notes

23. (1) The court may at any time in any proceedings, if it considers
that it would be desirable so to do, appoint a person (in these rules
called a 'shorthand writer') to take down, in shorthand or otherwise, the
evidence of the debtor or of any witness examined at any public or
private sitting, examination or meeting under the Ordinance.

(2) A shorthand writer (if any) attached to the Official Receiver's
office shall be deemed to be duly appointed under paragraph (1), and it
shall not be necessary to make any application to make such an
appointment, and a general declaration by such shorthand writer
adapted from Form 56 shall be deemed to apply to all proceedings in
which notes are taken by him of any such evidence.

(3) Any document purporting-

(a)to be a transcript of the notes taken by a shorthand writer
appointed under paragraph (1) or by a shorthand writer
attached to the Official Receiver's Office; and

(b) to be signed by such shorthand writer,





shall until the contrary is proved be sufficient evidence that the
questions and answers therein set forth were so put and answered

respectively.
(4) Every person appointed to be a shorthand under this rule shall
be paid a sum not exceeding $30 for each hour or
part thereof during which he is engaged in such appointment or in the
preparation of any transcript of the evidence that may be required.

(5) The fees of a shorthand writer shall be paid by the party at
whose instance the appointment was made, or out of the estate, as may
be directed by the court.

(6) If the person appointed to be the shorthand writer under this
rule is a public servant the fees payable under paragraph (4) shall be
paid forthwith by the person responsible for such fees to the Official
Receiver for payment into the Treasury.

Discovery and examination under section 29

24. Any party to any proceeding in court may with the leave of the
court administer interrogatories to or obtain discovery of documents
from any other party to such proceeding. Proceedings under this rule
shall be regulated as nearly as may be by the provisions in the Rules of
the Supreme Court for the time being in force in relation to discovery
and inspection. An application for leave under this rule may be made ex
parte.

25. Every application to the court under section 29 of the
Ordinance shall be in writing and shall state shortly the grounds upon
which the application is made. When the application is made by or on
behalf of the trustee or the Official Receiver it need not be verified by
affidavit.

Warrants, arrests, and commitments

26. A warrant of seizure, or a search warrant, or any other warrant
issued under the provisions of the Ordinance, shall be addressed to
such officer of the court or to such public officer as the Registrar may
direct.

27. When a debtor is arrested under a warrant issued under
section 27 of the Ordinance he shall given into the custody of
the Commissioner of Prisons, who shall produce such debtor before
the court as it may from time to time direct, and shall safely keep him
until such time as the court otherwise orders; and any books, papers,
moneys, goods and chattels in the possession of the debtor, which may
be seized, shall forthwith be lodged with the Official Receiver or trustee,
as the case may be.





28. (1) When a person is apprehended under a warrant issued under
section 29(2) of the Ordinance, the officer apprehending him shall
forthwith bring him before the court to the end that he may be examined,
and if he cannot immediately be brought up for examination or examined
the officer shall deliver him into the custody of the Commissioner of
Prisons and the said Commissioner shall receive him into custody and
shall produce him before the court as it may from time to time direct or
order, and subject to such direction or order shall safely keep him.

(2) The officer executing a warrant issued under section 29(2) of the
Ordinance shall forthwith, after apprehending the person named in the
warrant report to the court the apprehension or delivery into custody, as
the case may be, and apply to the court to appoint a day and time for the
examination of the person so apprehended, and the court shall
thereupon appoint the earliest practicable day for the examination and
shall issue its direction or order to the said Commissioner to produce
him for examination at a place and time to be mentioned in such direction
or order. Notice of any such appointment shall forthwith be given by the
Registrar to the Official Receiver, trustee or other person who has
applied for the examination or warrant.

29. An application to the court to commit any person for contempt
of court shall be supported by affidavit.

30. Subject to the provisions of the Ordinance and these rules,
upon the filing of an application to commit, the court shall fix a time and
place to hear the application, notice whereof shall be personally served
on the person sought to be committed, not less than 3 days before the
day fixed for the hearing of the application:

Provided that in any case in which the court may think fit, the court
may allow substituted service of the notice by advertisement or
otherwise, or shorten the length of notice to be given.

Service of petition, orders, etc. on debtor

31. When the debtor is not in the Cotony, or cannot be
found, the court may order service on him of the petition, the
receiving order or any other order made against him, or of any
summons issued for his attendance, to be effected within such
time and in such manner as it thinks fit.

Costs and taxation

32. The regulations as to costs contained in the Schedule shall,
subject to these rules, apply to the taxation and allowance of costs and
charges in all proceedings under the Ordinance and these rules.





32A. (1) When awarding costs the court may

(a) direct that the costs of any matter or application-

(i) shall be taxed and paid as between party and party or as
between solicitor and client, on the basis of a common fund in
which the client and others are interested; or

(ii) may be allowed as between solicitor and own client; or

(b) fix a sum to be paid in lieu of taxed costs.

(2) Unless the court otherwise directs, the costs of an application
to the court which is opposed shall follow the event and shall be taxed
as between party and party.

(3) Where-

(a)an action is brought against the Official Receiver or trustee as
representing the estate of the debtor; or

(b)the Official Receiver or trustee is made a party to any
proceedings on the application of any other party,

the Official Receiver or trustee shall not be personally liable for costs
unless the court otherwise directs.

33. The solicitor in the matter of a bankruptcy petition presented by
the debtor against himself shall in his bill of costs give credit for such
sum or security (if any) as he may have received from the debtor as a
deposit on account of the costs and expenses to be incurred in and
about the filing and prosecution of such petition, and the amount of any
such deposit shall be noted by the taxing officer upon the allocatur
issued for such costs.

34. Before taxing the bill or charges of any solicitor, manager,
accountant, auctioneer, broker or other person employed by the Official
Receiver or trustee, the taxing officer shall require a certificate in writing,
signed by the Official Receiver or trustee as the case may be, to be
produced to him, setting forth whether any, and if so what, special terms
of remuneration have been agreed to, and, in the case of the bill of costs
of a solicitor, a copy of the resolution or other authority sanctioning the
employment.

35. Every person whose bill or charges is or are to be taxed shall in
all cases give not less than 4 days' notice of the appointment to tax the
same to the Official Receiver and to the trustee (if any).

36. The bill or charges, if incurred prior to the appointment of a
trustee, shall be lodged with the Official Receiver, and if incurred after
the appointment of a trustee, shall be lodged with the trustee, 3 clear
days before the application for the appointment to tax the same is made.
The Official Receiver or the trustee, as the case may be, shall forthwith,
on receiving notice of taxation, lodge such bill or charges with the taxing
officer.





37. Every person whose bill or charges is or are to be taxed shall, on
the application of either the Official Receiver or the trustee, furnish a
copy of his bill or charges so to be taxed. The Official Receiver shall call
the attention of the trustee to any items which in his opinion ought to be
disallowed or reduced and may attend or be represented on the taxation.

38. Where any party to or person affected by any proceeding
desires to make an application for an order that he be allowed his costs,
or any part of them, incident to such proceeding, and such application is
not made at the time of the proceeding

(a)such party or person shall serve notice of his intended
application on the Official Receiver, and if a trustee has been
appointed, on the trustee;

(b)the Official Receiver and the trustee may appear on such
application and object thereto;

(c)no costs of or incident to such application shall be allowed to
the applicant unless the court is satisfied that the application
could not have been made at the time of the proceeding.

39. Where at the instance of the Official Receiver a shorthand writer
is appointed to take notes of the examination of the debtor at his public
examination, the cost of such notes shall be deemed to be an expense
incurred or authorized by the Official Receiver, and shall be payable out
of the estate of the bankrupt in the order of priority in which such
expenses are payable under the provisions of section 37 of the
Ordinance.

40. In any case in which, after a bankruptcy petition has been
presented by a creditor against a debtor and before the hearing of such
petition, the debtor files a petition and a receiving order is made on the
petition of the debtor, unless in the opinion of the court the estate has
benefited thereby or there are special circumstances which make it just
that such costs should be allowed, no costs shall be allowed to the
debtor or his solicitor out of the estate.

41. In the case of a bankruptcy petition against a partnership, the
costs payable out of the estates incurred up to and inclusive of the
receiving order shall be apportioned between the joint and separate
estates in such proportions as the Official Receiver may in his discretion
determine.

42. (1) Where the joint estate of any co-debtors is insufficient to
defray any costs or charges properly incurred prior to the appointment
of the trustee, the Official Receiver may pay or direct the trustee to pay
such costs or charges out of the separate estates of such co-debtors, or
one or more of them, in such proportions as in his discretion the Official
Receiver may think fit. The Official





Receiver may also, as in his discretion he may think fit, pay or
direct the trustee to pay any costs or charges properly incurred,
prior to the appointment of the trustee, for any separate estate
out of the joint estate or out of any other separate estate, and any
part of the costs or charges of the joint estate incurred prior to
the appointment of the trustee which affects any separate estate
out of that separate estate.

(2) Where the joint estate of any co-debtors is insufficient to
defray any costs or charges properly incurred after the appoint-
ment of the trustee, the trustee, with such consent as is hereinafter
mentioned, may pay such costs or charges out of the separate
estates of such co-debtors, or one or more of them. The trustee,
with the said consent, may also pay any costs or charges properly
incurred for any separate estate, after his appointment, out of the
joint estate, and any part of the costs or charges of the joint estate
incurred after his appointment which affects any separate estate
out of that separate estate. No payment under this rule shall be
made out of a separate estate or joint estate by a trustee without
the consent of the committee of inspection of the estate out of
which the payment is intended to be made, or if such committee
withhold or refuse their consent, without an order of the court.

PART III

PROCEEDINGS IN BANKRUPTCY

Declaration of inability to pay debts

43. A declaration by a debtor of his inability to pay his debts
shall be dated, signed and witnessed. The witness shall be a
solicitor or the Official Receiver or Registrar.

Bankruptcy notice

44. A creditor desirous that a bankruptcy notice may be
issued shall produce to the Registrar a sealed copy of the judg-
ment or order on which the notice is founded and file the notice
together with a request for issue. The creditor shall at the same
time lodge with the Registrar 2 copies of the bankruptcy notice
to be sealed and issued for service.

45. (1) Every bankruptcy notice shall be endorsed with the
name and place of business of the solicitor actually suing out the
same, or if no solicitor be employed, with a memorandum that it
is sued out by the creditor in person.

(2) There shall also be endorsed on every bankruptcy notice
an intimation to the debtor that, if he has a counterclaim, set-off
or cross demand which equals or exceeds the amount of the judg-
ment 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 an affidavit to that effect with the Registrar.

(3) In the case of a notice served in the Colony the time shall be 3
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.

46. 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 3 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.

47. Subject to the power of the court extend the time, a

bankruptcy notice to be served in the Colony shall be served
within one month from the issue thereof.

48. 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.

49. 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.

Petitions

50. (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 at the address or several addresses, as the case
may be, at which he has incurred debts and liabilities which at the date
of the petition remain unpaid or unsatisfied.

(2) Where a petition is presented against a debtor who resides or
carries on business at an address other than the address at which the
debtor was residing or carrying on business at the time of contracting
the debt or liability in respect of which the petition is presented, the
petitioning creditor, in addition to stating in the petition the description
of the debtor as of his then present address and description, shall in the
petition describe the debtor as lately residing or carrying on business at
the address at which he was residing or carrying on business when the
debt or liability was incurred.





51. Every
bankruptcy

the Colony petition shall be attested. If it be attested in
the Colony, the witness must be a solicitor or the Official Receiver or the Registrar. If
it be attested out of the Colony, the witness must be a judge or magistrate or a British consul or vice-
consul or a notary public.

51A. Where a petitioner presents or files at court any document in
connexion with any bankruptcy proceedings, he or his solicitor shall,
within 24 hours of such presentation or filing, serve a copy of the
document presented or filed on the Official Receiver.

52. (1) Upon the presentation of a petition either by the
debtor or by a creditor, the petitioner shall deposit with the Official
Receiver the sum of $1,000 and such further sum (if any) as the
direct
court may from time to time direct to cover the fees and expenses to be
incurred by the Official Receiver, and no petition shall be received
unless the receipt of the Official Receiver for the deposit payable on the
presentation of the petition is produced to the Registrar.

(2) The Official Receiver shall account for the money so deposited
to the creditor or, as the case may be, to the debtor's estate, and any
sum so paid by a petitioning creditor shall be repaid to such creditor
(except and so far as such deposit may be required by reason of
insufficiency of assets for the payment of the fees of and expenses
incurred by the Official Receiver) out of the proceeds of the estate in the
order of priority prescribed by section 37 of the Ordinance.

53. When a petition is filed, the Official Receiver may register a
memorial of the petition in the Land Office or in any District Land Office
against any property registered therein in the name of the debtor or in
any alias of his or in his t'ong name, or in the name of any t'ong in
which he has any share or interest, or in the name or names of any wife
or concubine of the debtor. This provision shall so far as the nature of
the case will admit apply in the case of any person carrying on business
in a name or style other than his own.

54. The Official Receiver may in either of the cases mentioned in
rule 133 or 135 register a memorial of the petition in the Land Office or in
any District Land Office against any property registered in the name or
names of any partner or partners in the debtor firm or in any alias of his
or theirs or in any t'ong name of his or theirs, or in the name of any t'ong
in which he or they has or have any share or interest, or in the name or
names of any wife or concubine of his or theirs respectively.





Creditor's petition

55. A petitioning creditor who is resident out of the jurisdiction, or
whose estate is vested in a trustee under any law relating to bankruptcy,
or against whom a petition is pending under the Ordinance, or who has
made default in payment of any costs ordered by any court to be paid
by him to the debtor, may be ordered to give security for costs to the
debtor.

56. Every creditor's petition shall be verified by affidavit, and when
it is filed there shall be lodged with it one copy to be sealed and issued
to the petitioner.

57. When the petitioning creditor cannot himself verify all the
statements contained in his petition, he shall file in support of the
petition the affidavit of some person who can depose to them.

58. Where a petition is presented by 2 or more creditors jointly, it
shall not be necessary for each creditor to depose to the truth of all the
statements which are within his own knowledge, but it shall be sufficient
that each statement in the petition is deposed to by someone within
whose knowledge it is.

Service of creditor's petition

59. A creditor's petition may be served in the same manner as a
writ of summons.



60. If a debtor against whom a bankruptcy petition has been filed
dies before service thereof, the court may order service to be effected on
the personal representatives of the debtor or on the Official
Administrator or on such other persons as the court may think fit.

Interim receiver

61. Where an order is made appointing the Official Receiver to be
interim receiver of the property of the debtor, such order shall state the
nature and, so far as it is known, the locality of the property of which the
Official Receiver is ordered to take possession.

62. Before any such order is made, the person who has made the
application therefor shall deposit with the Official Receiver
the sum of $300 towards the prescribed fee for the Official Receiver,
and such further sum as the court directs for the expenses which may be
incurred by him.

63. If the sum of $300, and such further sum so to be deposited for the
expenses which may be incurred by the Official Receiver, proves to be
insufficient, the person on whose application the order has been made
shall from time to time deposit with the Official





Receiver such additional sum as the court may, on the application of the
Official Receiver, from time to time direct, and such sum shall be
deposited within 48 hours after the making of a written request therefor.
If such additional sum be not so deposited, the order appointing the
interim receiver may be discharged by the court.

64. If an order appointing an interim receiver is followed by a
receiving order, the deposits made by the creditor on whose application
such interim receiver was appointed shall be repaid to him (except and
so far as such deposits may be required by reason of insufficiency of
assets for the payment of the fees chargeable and the expenses incurred
by the interim receiver) out of the proceeds of the estate in the order of
priority prescribed by the Ordinance.

65. Where, after an order has been made appointing an interim
receiver, the petition is dismissed, the court shall, upon application to
be made within 21 days from the date of the dismissal thereof,
adjudicate with respect to any damages or claim thereto arising out of
the appointment and shall make such order as the court thinks fit, and
such decision or order shall be final and conclusive between the parties.

Hearing of petition

66. The Registrar shall after reference to the Official Receiver
appoint the time and place at which the petition will be heard and notice
thereof shall be written on the petition and seated copy, and where the
petition has not been served the Registrar may, after such reference as
aforesaid, from time to time alter the first day so appointed and appoint
another day and hour.

67. Where there are more respondents than one to a petition, the
rules as to service shall be observed with respect to each respondent,
but where all the respondents have not been served the petition may be
heard separately or collectively as to the respondent or such of the
respondents as has or have been served, and separately or collectively
as to the respondents not then served according as service upon them
is effected.

68. Where a debtor intends to show cause against a petition, he
shall file a notice with the Official Receiver specifying the grounds on
which he intends to show cause, and shall post to the petitioning
creditor or to his solicitor a copy of the notice, in each case 3 days
before the day on which the petition is to be heard.

69. If the debtor does not appear at the hearing, the court may on
hearing the petitioning creditor and the Official Receiver either dismiss
the petition or make a receiving order on such proof of the statements in
the petition and of the amount of assets and liabilities as the court
thinks sufficient.





70. On the hearing of the petition, the amount of assets and
liabilities, and in the case of a creditor's petition any matters which the
debtor has given notice that he intends to dispute, shall be proved.

71. If any creditor neglects to appear on his petition, no
subsequent petition against the same debtor or debtors, or any of them,
either alone or jointly with any other person, shall without the leave of
the court be presented by the same creditor in respect of the same act of
bankruptcy.

72. No application to withdraw a petition shall be heard except
upon proof that notice of the intended application and a copy of the
affidavits in support thereof have been duly served upon the Official
Receiver not less than 7 days before the day named in the notice for
hearing the application.

Receiving order, etc.

72A. (1) It shall be the duty of the petitioner, or his solicitor, and of
all other persons who have appeared on the hearing of the petition, at
latest on the day following the day on which a receiving order is
pronounced in court, to leave with the Registrar a draft of the order and
all other documents required for the purpose of enabling the Registrar to
complete the order forthwith.

(2) It shall not be necessary for the Registrar to make an
appointment to settle an order unless in any particular case the special
circumstances make an appointment necessary.

(3) A receiving order, or an order for the appointment of an interim
receiver shall contain at the foot thereof a notice stating that it will be
the duty of the petitioner or his solicitor to attend on the Official
Receiver at such time and place as he may appoint and to give him all
information he may require.

73. Where a receiving order or an order of adjudication is made, the
Official Receiver may register a memorial of such receiving order or order
of adjudication in the Land Office or in any District Land Office against
any property registered therein in the name of the debtor or in any alias
of his or in his t'ong name, or in the name of any t'ong in which he has
any share or interest, or in the name or names of any wife or concubine
of the debtor.

74. Where a receiving order or an order of adjudication is made
against a firm, the Official Receiver may register a memorial thereof in the
Land Office or in any District Land Office against any property
registered in the name of any partner or partners in the debtor firm or in
any alias of his or theirs or in any t'ong name of his or theirs, or in the
name of any t'ong in which he or they has or have any share or interest,
or in the name or names of any wife or concubine of such partner or
partners.





75. The Official Receiver shall cause a sealed copy of a
receiving order and an adjudication order to be served on the
debtor.

76. A receiving order shall not be made against a debtor on
a petition in which the act of bankruptcy alleged is non-compliance
with a bankruptcy notice within the appointed time, where such
debtor has applied to set aside such notice until after the hearing
of the application, or where the notice has been set aside, or
during a stay of the proceedings thereon, but in such case the
petition shall be adjourned or dismissed as the court may think fit.

77. There may be included in a receiving order an order
staying any action or proceeding against the debtor or staying
proceedings generally.

78. Where a receiving order is made the Official Receiver
shall forthwith send notice thereof to the Gazette and to such local
newspaper or newspapers as he may think fit.

79. (1) Subject to paragraphs (2), (3) and (4), the costs of all
proceedings under the Ordinance down to and including the making
of the receiving order shall be borne by the party prosecuting the
same.

(2) The court may at any time order that the debtor shall pay
the whole or any part of the costs.

(3) Where a receiving order is made on the petition of the
debtor while a creditor's petition against him is pending, the court
may order that the costs shall be paid out of the estate.

(4) Where a receiving order is made on a creditor's petition,
the costs of the petitioning creditor, including the costs of any
bankruptcy notice sued out by him, shall be taxed and paid out
of the estate.

79A. 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 made under rule 52 between the
making of the 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.

80. (1) An application to the court to rescind a receiving
order or to stay proceedings thereunder, or to annul an adjudica-
tion, made by any person other than the Official Receiver shall
not be heard except upon proof that notice of the intended
application and a copy of the affidavits in support thereof have
been duly served upon the Official Receiver. Notice of any such
application shall be served on the Official Receiver not less than
7 days before the day named in the notice for hearing the





application. Pending the hearing of the application, the court may make
an interim order staying such of the proceedings as it thinks fit.

(2) In any case in which any such application is made by the
Official Receiver, 4 days' notice thereof and a copy of any report in
support thereof shall be served on the debtor and the petitioning
creditor (if any):

Provided that where such service is found to be impracticable

Ueason that the debtor or the petitioning creditor is out of the Colony or
cannot be found at his usual or last known address or place of business no
objection shall be taken to the application on the ground of such service
not having been effected.

(3) Where an application is made to the court to rescind a receiving
order or annul an order of adjudication, the Official Receiver shall make
and file 4 days before the day appointed for hearing the application a
report as to the debtor's conduct and affairs, including a report as to his
conduct during the proceedings, and the court on the hearing of the
application shall hear and consider such report and such further
evidence as may be adduced by any party, and any objections which
may be made by or on behalf of the trustee (if any) or any creditor whom
the court may order to be served with notice of the application or may
permit to appear thereon. For the purposes of the application, the report
shall be prima facie evidence of the statements therein contained.

(4) For the purposes of this rule 'creditor' includes all creditors
mentioned in the debtor's statement of affairs or who have notified to
the Official Receiver or trustee that they have, or at the date of the
receiving order had, claims against the debtor.

Statement of affairs

81. The statement of affairs shall be made out in duplicate, and one
copy shall be verified. The Official Receiver shall file in court the
verified statement of affairs submitted to him by the debtor.

81A. (1) Where under section 18(1) of the Ordinance the court is
considering whether an order dispensing with the requirement that a
debtor shall make out and submit a statement of affairs should be made,
it may receive a report of the Official Receiver informing the court of the
circumstances in support of such order.

(2) When the court has made an order dispensing with the
requirement that a debtor shall make out and submit a statement of
affairs, it may give such consequential directions as it sees fit and in
particular it may give directions as to the sending of any notices which
are by the Ordinance or these rules required to be sent to any person
named in the statement of affairs.





82. Where any debtor requires any extension of the time for the
filing by him of his statement of affairs, he shall apply to the Official
Receiver, who may, if he thinks fit, give a written certificate extending
such time, which certificate shall be filed and shall render an application
to the court under section 18 of the Ordinance unnecessary.

Public examination

83. Where the court is of opinion that a debtor is failing to disclose
his affairs or where the debtor has failed to attend the public examination
or any adjournment thereof or where the debtor has not complied with
any order of the court in relation to his accounts, conduct, dealings and
property and no good cause is shown by him for such failure, the court
may forthwith commit the debtor for contempt of court or may adjourn
the public examination sine die, and may make such further or other
order as the court thinks fit.

84. The court may on the application either of the Official Receiver
or of the debtor appoint a day for proceeding with a public examination
which has been adjourned sine die.

85. Where an examination has been adjourned sine die and the
debtor desires to have a day appointed for proceeding with his public
examination, the expense of gazetting, advertising and giving notice to
creditors of the day to be appointed for proceeding with such
examination shall, unless the Official Receiver or trustee, as the case may
be, consents to the costs being paid out of the estate, be at the cost of
the debtor, who shall, before any day is appointed for proceeding with
the public examination, deposit with the Official Receiver such sum as
the Official Receiver may think sufficient to defray the expense
aforesaid. The balance of the deposit after defraying the expense
aforesaid shall be returned to the debtor.

86. In any case in which a public examination has been adjourned
sine die and the court afterwards makes an order for proceeding with
such public examination, notice to creditors of the time and place
appointed for proceeding with such public examination shall be sent by
the Official Receiver, and notice shall also be inserted in the Gazette and
in the local paper (if any) in which the notice of the first holding of the
public examination was inserted, 7 days before the day appointed.

87. (1) An application for an order dispensing with the public
examination of a debtor, or directing that the debtor be examined in some
manner or at some place other than is usual, on the ground that the
debtor is a lunatic or suffers from mental or physical affliction or
disability rendering him unfit to attend a public examination, may be
made by the Official Receiver or by





any person who has been appointed by any court having jurisdiction so
to do to manage the affairs of or represent the debtor, or by any relative
or friend of the debtor who may appear to the court to be a proper
person to make the application.

(2) Where the application is made by the Official Receiver, it may be
made ex parte and the evidence in support of the application may be
given by a report of the Official Receiver to the court, the contents of
which report shall be received as prima facie evidence of the matters
therein stated.

(3) Where the application is made by some person other than the
Official Receiver, it shall be made by motion, of which notice shall be
given to the Official Receiver and trustee (if any), and shall, except in the
case of a lunatic so found by inquisition, be supported by an affidavit of
a medical practitioner as to the physical and mental condition of the
debtor.

(4) Where the order is made on the application of the Official
Receiver, the expense of holding the examination shall be deemed to be
an expense incurred by the Official Receiver within the meaning of
section 37 of the Ordinance. Where the application is made by any other
person, he shall, before any order is made on the application, deposit
with the Official Receiver such sum as the Official Receiver may certify
to be necessary for the expenses of the examination.

87A. (1) Where an application is made to the court under section
19A of the Ordinance for an order dispensing with the public
examination of the debtor, the Official Receiver shall, in his report, inform
the court whether or not

(a)written notice of his intention to make the application has been
given to every creditor who has tendered a proof; and

(b)he has received advice in writing from a majority in value of all
the creditors that they oppose the making of the order.

(2) The contents of a report made under paragraph (1) shall be
received by the court as prima facie evidence of the matters reported
upon.

Discharge

88. (1) A bankrupt intending to apply for his discharge shall-

(a)file with the Registrar an application for a day to be fixed for the
hearing of his application; and

(b)produce to the Registrar a certificate from the Official Receiver
specifying the number of creditors of whom the Official
Receiver has notice whether they have proved or not.





(2) Notice of the day fixed for the hearing shall be sent by the
Official Receiver---
(a) forthwith to the Gazette and to one local newspaper; and
(b)to each creditor specified under paragraph (1)(b) not less
than 14 days before the day fixed.

89. Without prejudice to the provisions of section 98 of the
Ordinance, an appeal to the Court of Appeal shall lie at the instance
of the Official Receiver from any order of the court made upon
an application for the rescission of a receiving order, and at the
instance of the Official Receiver or of the trustee (if any) from
any order of the court made upon an application for discharge
or for annulment of adjudication.

90. In every case of an application by a bankrupt for his
discharge, the report of the Official Receiver shall be filed not less
than 7 days before the time fixed for hearing the application.

91. Where a bankrupt intends to dispute any statement with
regard to his conduct and affairs contained in the Official Receiver's
report, he shall, not less than 3 days before the hearing of the
application for discharge, give notice in writing to the Official
Receiver, specifying the statements in the report which he proposes
at the hearing to dispute. Any creditor who intends to oppose
the discharge of a bankrupt on grounds other than those mentioned
in the Official Receiver's report shall give notice of the intended
opposition, stating the grounds thereof, to the Official. Receiver
and to the bankrupt not less than 3 days before the hearing of the
application.

92. A bankrupt shall not be entitled to have any of the costs
of or incidental to his application for his discharge allowed to
him out of his estate.

93. (1) Where the court grants an order of discharge condi-
tionally upon the bankrupt consenting to judgment being entered
against him by the Official Receiver or trustee for the balance or
any part of the balance of the debts provable under the bank-
ruptcy which is not satisfied at the date of his discharge, the order
of discharge shall not be signed, completed or delivered out until
the bankrupt has given the required consent.

(2) If the bankrupt does not give the required consent within
one month of the making of the conditional order, the court may,
on the application of the Official Receiver or trustee, revoke the
order or make such other order as the court may think fit.

94. The order of the court made on an application for dis-
charge shall bear the date of and take effect from the day on
which it is made; but such order shall not be delivered out or
gazetted until after the expiration of the time allowed for appeal,
or if an appeal be entered, until after the decision of the Court
of Appeal thereon.





95. When the time 'for appeal has expired or, as the case
may be, when the appeal has been decided by the Court of Appeal,
the Official Receiver shall forthwith gazette the order, and advertise
it in one local newspaper.

96. (1) An application by the Official Receiver or trustee
for leave to issue execution on a judgment entered pursuant to a
conditional order of discharge shall be in writing and shall state
shortly the grounds on which the application is made. When the
application is lodged, the Registrar shall fix a day for the hearing.

(2) The Official Receiver or trustee shall give notice of the
application to the debtor not less than 4 days before the day
appointed for the hearing and shall at the same time furnish him
with a copy of the application. Such notice may be shortened or
dispensed with on sufficient grounds, one of which shall be the
probability of the debtor absconding.

97. Where a bankrupt is discharged subject to the condition
that judgment shall be entered against him, or subject to any other
condition as to his future earnings or after-acquired property, it
shall be his duty, until such judgment or condition is satisfied,
from time to time to give the Official Receiver such information
as he may require with respect to his earnings and after-acquired
property and income, and not less than once a year to file in the
court a statement showing the particulars of any property or
income he may have acquired subsequent to his discharge.

98. Any statement of after-acquired property or income filed
by a bankrupt whose discharge has been granted subject to condi-
tions shall be verified by affidavit, and the Official Receiver or
trustee may require the bankrupt to attend before the court to be
examined on oath with reference to the statements contained in
such affidavit or as to his earnings, income, after-acquired property
or dealings. Where a bankrupt neglects to file such affidavit or
to attend the court for examination when required so to do, or
properly to answer all such questions as the court may put or
allow to be put to him, the court may, on the application of the
Official Receiver or trustee, rescind the order of discharge, com-
mit the bankrupt for contempt of court or make such other order
as it may see fit.

99. Where, after the expiration of 2 years from the date of
any order made upon a bankrupt's application for a discharge, the
bankrupt applies to the court to modify the terms of the order on
the ground that there is no reasonable probability of his being in a
position to comply with the terms of such order, he shall give 14
days' notice of the day fixed for hearing the application to the
Official Receiver and to all his creditors.





Meetings of creditors

100. The Official Receiver shall give 3 days' notice to the debtor of
the time and place appointed for the first meeting of creditors. The
notice may be either delivered to him personally or sent to him by
prepaid letter post, as may be convenient. It shall nevertheless be the
duty of the debtor to attend such first meeting although the notice is
not sent to or does not reach him.

101. The Official Receiver shall fix the day for the first meeting, and
shall forthwith gazette and advertise the same in one local newspaper if
he considers such advertisement desirable. The Official Receiver shall
also give notice to the creditors.

102. The notices of subsequent meetings shall be issued to creditors
by the Official Receiver or trustee. Where no special time is prescribed,
the notices shall be sent off not less than 3 days before the day
appointed for the meeting.

103. Where a meeting of creditors is called by notice, the
proceedings had and resolutions passed at such meeting shall, unless
the court otherwise orders, be valid notwithstanding that some creditors
have not received the notice summoning the meeting.

104. Where a trustee summons a meeting of creditors, he shall send
to the Official Receiver a copy of the notice convening the meeting.

105. A certificate by the Official Receiver or other officer of the court
or by the clerk of any such person, or an affidavit by the trustee or his
solicitor or the clerk of either of such persons, that the notice of any
meeting of creditors or sitting of the court has been duly posted shall be
sufficient evidence of such notice having been duly sent to the person
to whom the same was addressed.

106. [Revoked, L.N. 7176]

107. Where a meeting of creditors is adjourned, the adjourned
meeting shall be held at the same place as the original place of meeting
unless in the resolution for adjournment another place is specified.

108. In calculating a quorum of creditors present at a meeting, those
persons only who are entitled to vote at the meeting shall be reckoned.

Proof of debts

109. An affidavit of proof of debt may be sworn or declared before
the Official Receiver or any person authorized to administer oaths or
take statutory declarations.





110. In any case in which it appears from the debtor's statement of
affairs that there are numerous claims for wages by workmen or others
employed by the debtor, it shall be sufficient if one proof for all such
claims is made either by the debtor or by his foreman or some other
person on behalf of all such creditors. Such proof shall have annexed
thereto, as forming part thereof, a schedule setting forth the names of
the workmen or others and the amounts severally due to them. Any
proof made in compliance with this rule shall have the same effect as if
separate proofs had been made by each of the said workmen or others.

111. Where a creditor seeks to prove in respect of a bill of exchange,
promissory note, or other negotiable instrument or security on which the
debtor is liable, such bill of exchange, note, instrument or security must,
subject to any special order of the court made to the contrary, be
produced to the Official Receiver chairman of a meeting or trustee, as the
case may be, before the proof can be admitted either for voting or for
dividend.

112. A proof intended to be used at the first meeting of creditors
shall be lodged with the Official Receiver not later than 24 hours before
the time appointed for the meeting. A proof intended to be used at an
adjournment of the first meeting (if not lodged in time for the first
meeting) must be lodged not less than 24 hours before the time
appointed for the adjourned meeting.

113. Where a trustee is appointed in any matter, all proofs of debts
that have been received by the Official Receiver shall be handed over to
the trustee, but the Official Receiver shall first make a list of such proofs
and take a receipt thereon from the trustee for such proofs.

114. The Official Receiver, as trustee, not later than 21 days from the
latest date specified in the notice of his intention to declare a dividend
as the time within which such proofs must be lodged, shall either admit
or reject wholly or in part every proof lodged with him or require further
evidence in support thereof.

115. The trustee, other than the Official Receiver, within 28 days
after receiving a proof which has not previously been dealt with by the
Official Receiver shall, in writing, either admit or reject it wholly or in part
or require further evidence in support thereof:

Provided that where the trustee has given notice of his intention to
declare a dividend he shall, within 21 days after the date mentioned in
such notice as the latest date up to which proofs must be lodged,
examine and in writing admit or reject every proof which has not been
already admitted or rejected and give notice of his decision rejecting a
proof wholly or in part to the creditor affected thereby.





116. Where a creditor's proof has been admitted, the notice of
dividend shall be sufficient notification to such creditor of such
admission.

117. No application to reverse or vary the decision of the Official
Receiver or trustee in rejecting a proof shall be entertained after the
expiration of 21 days from the date of the decision complained of.

118. The Official Receiver shall in no case be personally liable for
costs in relation to an appeal from his decision rejecting any proof
wholly or in part.

Proxies and voting letters

119. A proxy shall be lodged with the Official Receiver or trustee not
later than 24 hours before the time appointed for the meeting or
adjourned meeting at which it is to be used.

120. A proxy given by a creditor shall be deemed to be sufficiently
executed if it is signed by any person in the employ of the creditor
having a general authority to sign for such creditor, or by the authorized
agent of such creditor if resident abroad. Such authority shall be in
writing and shall be produced to the Official Receiver if required.

121. The proxy of a creditor blind or incapable of writing may be
accepted if such creditor has attached his signature or mark thereto in
the presence of a witness, who shall add to his signature his description
and residence, and provided that all insertions in the proxy are in the
handwriting of the witness and such witness has certified at the foot of
the proxy that all such insertions have been made by him at the request
of the creditor and in his presence before he attached his signature or
mark.

122. No person shall be appointed a general or special proxy who is
a minor.

Dividends

123. (1) Not more than 4 months before declaring a dividend, the
trustee shall gazette notice of his intention to do so and at the same time
give notice to such of the creditors mentioned in the bankrupt's
statement of affairs as have not proved their debts. Such notice shall
specify the latest date up to which proofs must be lodged, which shall
be not less than 14 days from the date of such notice.

(2) Where any creditor, after the date mentioned in the notice of
intention to declare a dividend as the latest date upon which proofs may
be lodged, appeals against the decision of the Official Receiver or
trustee rejecting a proof, such appeal shall be corn





menced, and notice thereof given to the Official Receiver or trustee,
within 7 days from the date of the notice of the decision against which
the appeal is made, and the Official Receiver or 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.

(3) Immediately after the expiration of the time fixed by this rule for
appealing against the decision of the trustee, he shall proceed to declare
a dividend and gazette the same and shall also send a notice of dividend
to each creditor whose proof has been admitted.

(4) If it becomes necessary, in the opinion of the trustee and the
committee of inspection, to postpone the declaration of the dividend
beyond the prescribed limit of four months, the trustee shall gazette a
fresh notice of his intention to declare a dividend, but it shall not be
necessary for such trustee to give a fresh notice to such of the creditors
mentioned in the bankrupt's statement of affairs as have not proved their
debts. In all other respects the same procedure shall follow the fresh
notice as would have followed the original notice.

124. Subject to the provisions of section 70 of the Bills of Exchange
Ordinance, and subject to the power of the court in any other case on
special grounds to order production to be dispensed with, every bill of
exchange, promissory note or other negotiable instrument or security
upon which proof has been made shall be exhibited to the trustee before
payment of dividend thereon, and the amount of dividend paid shall be
endorsed on the instrument.

125. The amount of the dividend may at the request and risk of the
creditor be transmitted to him by post.

126. If a person to whom dividends are payable desires that they
shall be paid to some other person, he may lodge with the trustee a
request to that effect which shall be a sufficient authority for payment of
the dividend to the person therein named.

Registration of general assignments of book debts

127. (1) The Registrar shall keep a register for the purpose of section
48 of the Ordinance, and shall on request and on the filing of a duly
attested copy of an assignment of existing or future book debts or any
class thereof from a person engaged in any trade or business to any
other person, and production of the original thereof, and deposit of a
certified English translation thereof when the original is in a foreign
language, enter particulars of such assignment in the register. The
register shall contain the name, residence and occupation of the persons
by whom and to





whom the assignment was made and given, and the other particulars
shown in the form prescribed under these rules, and all such
assignments registered in each year shall be numbered consecutively
according to the respective dates of the registration.

(2) The Registrar shall also keep an index of the names of the
assignors under such assignments. Such index shall be arranged in
divisions corresponding with the letters of the alphabet, so that all
assignors whose surnames begin with the same letter, and no others,
shall be comprised in one division but the arrangement within each such
division need not be alphabetical.
(3) The fees mentioned in the Bankruptcy (Fees and
Percentages) Scale and such other fees as may be prescribed shall
be paid to the Registrar.

Appropriation of pay, salary, pensions, etc.

128. When a trustee intends to apply to the court for an
appropriation order under section 56 of the Ordinance, he shall give to
the bankrupt notice of his intention so to do. Such notice shall specify
the time and place fixed for hearing the application, and shall state that
the bankrupt is at liberty to show cause against such order being made.

129. Where an order has been made for the payment by a bankrupt,
or by his employer for the time being, of a portion of his income or salary
(including any bonus or commission payable to him), the bankrupt may,
upon his ceasing to receive a salary or income of the amount he received
when the order was made, apply to the court to rescind the order or to
reduce the amount ordered to be paid by him to the trustee. And in the
case of any increase in the amount of such salary or income (inclusive of
any bonus or commission as aforesaid) & Official Receiver or trustee
may in like manner apply to the court to increase the amount ordered to
be paid by the debtor to the trustee.

Disclaimer of lease

130. (1) A lease may be disclaimed without the leave of the court in
any of the following cases

(a)where the bankrupt has not sublet the demised premises or
any part thereof or created a mortgage or charge upon the
lease, and

(i)the rent reserved or the value of the property
leased, as ascertained by the assessment, is less than
per annum; or

(ii) the trustee serves the lessor with notice of his intention
to disclaim, and the lessor does not within 7 days after the
receipt of such notice give notice to the trustee requiring the
matter to be brought before the court;





(b) where the bankrupt has sublet the demised premises or created
a mortgage or charge upon the lease, and the trustee serves
the lessor and the sub-lessee or the mortgagees with notice of his
intention to disclaim, and neither the lessor nor the sub-lessee or the mortgagees or any
of them, within 14 days after the receipt of such notice, require
or requires the matter to be brought before the court.

(2) Except as provided by this rule, the disclaimer of a lease without
the leave of the court shall be void.

(3) Where a trustee disclaims a lease, he shall forthwith file the
disclaimer with the proceedings in the court and shall also, if the lease is
registered in the Land Office or in any District Land Office, register a
memorial of such disclaimer in the Land Office or in any District Land
Office, and the disclaimer shall contain particulars of the interest
disclaimed and a statement of the persons to whom notice of the
disclaimer has been given. Until the disclaimer is so filed, or, as the case
may be, filed and registered, by the trustee, the disclaimer shall be
inoperative.

(4) Where, in pursuance of notice by the trustee of his intention to
disclaim a lease, the lessor, sub-lessee, or mortgagee requires the trustee
to apply to the court for leave to disclaim, the costs of the lessor, sub-
lessee, or mortgagee shall not be allowed out of the estate of the
bankrupt except in cases in which the court is satisfied that such
application was necessary in order to do justice between the parties.

(5) A disclaimer made without leave of the court under this rule
shall not be void or otherwise affected on the ground only that the
notice required by this rule has not been given to some person who
claims to be interested in the demised property.

(6) Where any person claims to be interested in any part of the
property of the bankrupt burdened with onerous covenants, he shall, at
the request of the Official Receiver or trustee, furnish a statement of the
interest so claimed by him

Proceedings by company or co-partnership

131. A bankruptcy petition against or bankruptcy notice to any
debtor to any company or co-partnership duly authorized to sue and be
sued in the name of a public officer or agent of such company or co-
partnership may be presented by or sued out by such public officer or
agent as the nominal petitioner for and on behalf of such company or co-
partnership, on such public officer or agent filing an affidavit stating
that he is such public officer or agent and that he is authorized to
present or sue out such petition or bankruptcy notice.





Proceedings by or against firm

132. Where any notice, declaration, petition or other document
requiring attestation is signed by a firm of creditors or debtors in the firm
name, the partner signing for the firm shall add also his own signature
e.g. 'Brown & Co. by James Green, a partner in the said firm.'.

133. Where a firm of debtors file a declaration of inability to pay their
debts or a bankruptcy petition, the same shall contain the names in full
of the individual partners, and if such declaration or petition is signed in
the firm name the declaration or petition shall be accompanied by an
affidavit made by the partner who signs the declaration or petition,
showing that all the partners concur in the filing of the same:

Provided that the court may dispense with proof of the concurrence
of any partner if it has been impracticable to obtain his concurrence in
time.

134. A creditor's petition in the firm name may be presented
by ay partner of the firm, or in the absence of all the partners
from the Colony by any person having the control or management

of the business of the firm.

135. Where a petition is filed against a firm, the petitioning creditor,
or if the petitioning creditor is a firm then one of the partners therein,
shall state on affidavit the names and addresses of all the partners in the
debtor firm to the best of his information and belief.

136. A limited partnership registered under the Limited Partnerships
Ordinance may present a petition in bankruptcy as creditors in the name
of the firm. The petition shall

by a partner or, in the absence of all the partners from the Colony, by any person
having the control or management of the firm.

137. In cases of partnership, the debtors shall submit a statement of
their partnership affairs and each debtor shall submit a statement of his
separate affairs.

138. Where a receiving order is made against a firm, the joint and
separate creditors shall collectively be convened to the first meeting of
creditors.

139. The joint creditors, and each set of separate creditors, may
severally accept compositions or schemes of arrangement. So far as
circumstances allow, a proposal accepted by joint creditors may be
approved in the prescribed manner, notwithstanding that the proposals
or proposal of some or one of the debtors made to their or his separate
creditors may not be accepted.





140. Where proposals for compositions or schemes are made by a
firm, and by the partners therein individually, the proposal made to the
joint creditors shall be considered and voted upon by them apart from
every set of separate creditors, and the proposal made to each separate
set of creditors shall be considered and voted upon by such separate
set of creditors apart from all other creditors. Such proposals may vary
in character and amount. Where a composition or scheme is approved,
the receiving order shall be discharged only so far as it relates to the
estate the creditors of which have accepted the composition or scheme.

141. On the adjudication in bankruptcy of a partnership, the trustee
appointed by the joint creditors, or by the court under section 23(4) or
81(3) of the Ordinance, as the case may be, shall be the trustee of the
separate estates. Each set of separate creditors may appoint its own
committee of inspection, but, if any set of separate creditors does not
appoint a separate committee, the committee (if any) appointed by the
joint creditors shall be deemed to have been appointed also by such
separate creditors.

142. If any 2 or more of the members of a partnership constitute a
separate and independent firm, the creditors of such lastmentioned firm
shall be deemed to be a separate set of creditors and to be on the same
footing as the separate creditors of any individual member of the firm.
And where any surplus arises upon the administration of the assets of
such separate or independent firm the same shall be carried over to the
separate estates of the partners in such separate and independent firm
according to their respective rights therein.

Lunatics

143. (1) Where it appears to the court that any debtor or creditor or
other person who may be affected by any proceeding under the
Ordinance or rules is a lunatic not so found by inquisition (hereinafter
called the lunatic), the court may appoint such person as it may think fit
to appear for, represent or act for and in the name of the lunatic, either
generally or in and for the purpose of any particular application or
proceeding or the exercise of any particular rights or powers which
under the Ordinance and rules the lunatic might have exercised if he had
been of sound mind. The appointment may be made by the court either
on an application made as hereinafter mentioned or, if the court thinks fit
so to do, without any previous application.

(2) An application to the court to make an appointment under this
rule may be made by any person who has been duly appointed by the
court to manage the affairs or property of or to represent the lunatic, or
by any relative or friend of the lunatic who may appear to the court to be
a proper person to make the application, or by the Official Receiver.





(3) The application may be made ex parte and without notice, but in
any case in which the court thinks it desirable the court may require
such notice of the application as it thinks necessary to be given to the
Official Receiver or trustee (if any) or to the petitioning creditor or to the
person alleged to be a lunatic, or to any other person, and for that
purpose may adjourn the hearing of the application.

(4) Where the application is made by some person other than the
Official Receiver, it shall be supported by an affidavit of a medical
practitioner as to the physical and mental condition of the lunatic.
Where the application is made by the Official Receiver, it may be
supported by a report of the Official Receiver, the contents of which
shall be received as prima facie evidence of the facts therein stated.

(5) When a person has been appointed under this rule, any notice
under the Ordinance and rules served on or given to such
person shall have the same effect as if the notice had been served on or
given to the lunatic.

Administration of estates of deceased insolvents

144. A creditor's petition, and a petition by the legal personal
representative of the deceased, under section 112 of the Ordinance shall
be verified by affidavit.

145. The provisions of rule 52 as to deposits on presentation of a
petition shall apply to petitions presented by a creditor or by a legal
personal representative under section 112 of the Ordinance.

146. Where an administration order under section 112 of the
Ordinance is made, such order shall be gazetted and advertised in the
same manner in all respects as an order of adjudication is gazetted and
advertised.

147. (1) The petition shall, unless the court otherwise directs, be
served on each executor who has proved the will or, as the case may be,
on each person who has taken out letters of administration or, if there is
no personal representative in the Colony, on the Official Administrator. The court may also, if the court thinks fit,
order the petition to be served on any other person.

(2) Service shall be proved in the same way as in the case of an
ordinary creditor's petition, and the petition shall be heard in the like
manner.

(3) Where any executor or administrator or the Official
Administrator, as the case may be, intends to show cause against the
petition, he shall file with the Official Receiver a notice specifying the
grounds on which he intends to show cause and shall transmit by post
to the petitioning creditor, or to his solicitor, a copy of the notice, in
each case three days before the day on which the petition is to be heard.





148. (1) When an administration order under section 112 of the
Ordinance has been made, it shall be the duty of the executor or legal
personal representative of the deceased debtor, or of the Official
Administrator, to lodge with the Official Receiver forth-with (in
duplicate) an account of the dealings with, and administration of (if any),
the deceased's estate by such executor or legal personal representative
or by the Official Administrator, and such executor or legal personal
representative or the Official Administrator shall also furnish forthwith in
duplicate a list of the creditors and a statement of the assets and
liabilities and such other particulars of the affairs of the deceased as may
be required by the Official Receiver. Every account, list and statement to
be made under this rule shall be made and verified as nearly as may be
in accordance with the practice for the time being of the original
jurisdiction of the court.

(2) The expense of preparing, making, verifying and lodging any
account, list and statement under this rule shall, after being taxed, be
allowed out of the estate, upon production of the necessary allocatur.

149. In proceedings under an order for the administration of the
estate of a person dying insolvent, where a meeting of creditors is
summoned for the appointment of a trustee

(a)the provisions of the Meetings of Creditors Rules relating to
the mode of summoning a meeting of creditors, and to the
persons entitled to vote at a meeting, and

(b)the provisions of these rules which refer to creditors, meetings
of creditors, trustees and committees of inspection,

shall, so far as applicable, apply as if the proceedings were under a
receiving order and an order of adjudication.

Summary administration of small bankruptcies

149A. (1) Where the court orders that an estate shall be
administered in a summary manner under section 112A of the
Ordinance, the provisions of the Ordinance and these rules shall,
subject to any special direction of the court, be modified in ac

cordance with paragraphs (2), (3), (4), (5), (6), (7) and (8).

(2) On the making of the order the Official Receiver shall forthwith
cause notice thereof to be published in the Gazette, but there shall be
no advertisement of any subsequent proceedings unless the court
otherwise directs.

(3) The title of every document in the proceedings subsequent to
the making of the order shall contain the words 'Summary Case'.

(4) If-

(a)no proposal for a composition or scheme is lodged with the
Official Receiver within the times specified for that purpose in
section 20(1) of the Ordinance; or





(b) the Official Receiver reports to the court that

(i) the debtor has absconded; or

(ii) the debtor does not intend to propose a composition or
scheme; or

(iii) the composition or scheme proposed is not reasonable
or not calculated to benefit the general body of creditors,

the court may forthwith adjudge the debtor bankrupt.

(5) The first meeting of creditors may be held on any day fixed by the
Official Receiver, and if a quorum of creditors is not present, it shall not
be necessary to adjourn the meeting.

(6) On an application by the bankrupt for his discharge, the
certificate of the Official Receiver referred to in rule 88(1)(b) shall
not include creditors whose debts do not exceed $100, and notice
of the appointment by the court of the day for the hearing of the
application shall not be sent to such creditors.

(7) Notices of meetings other than first meetings shall not be sent
to creditors whose debts do not exceed $100.

(8) The fees and charges payable to any person under and within
the prescribed scale may, unless the Official Receiver otherwise
requires, be paid and allowed without reduction or taxation.

PART IV

OFFICIAL RECEIVER, TRUSTEES, SPECIAL MANAGERS,
SECURITY BY TRUSTEE OR SPECIAL MANAGER, GAZETTING,
ACCOUNTS AND AUDIT, UNCLAIMED FUNDS

0 official Receivers



150. (1) As soon as the Official Receiver has been appointed to the
receivership of an estate, he shall furnish the debtor with a form for the
preparation of his statement of affairs.

(2) The Official Receiver or some person deputed by him shall also
forthwith hold a personal interview with the debtor for the purpose of
investigating his affairs.

(3) It shall be the duty of the debtor to attend at such times and
places as the Official Receiver may appoint.

151. Subject to any general or special directions which the court may
give, the Official Receiver, while in the possession of the property of a
debtor, may make him such allowance out of his property for the
support of himself and his family as may be just. In fixing the amount of
such allowance, the assistance rendered by the debtor in the
management of his business or affairs may be taken into account.





152. Whenever, under the powers given by section 78 of the
Ordinance, the Official Receiver employs any person to assist the debtor
in the preparation of his statement of affairs, he shall report the matter to
the court and specify the remuneration to be allowed to such person.

153. Where the Official Receiver holds any proxies but cannot
conveniently attend any meeting of creditors at which such proxy or
proxies might be used, he may depute some person under his official
control, by writing under his hand, to attend such meeting and use
proxies on his behalf and in such manner as he may direct.

154. In any case of sudden emergency or where there is no Official
Receiver or Deputy Official Receiver capable of acting, any act or thing
required or authorized to be done by the Official Receiver may be done
by the Registrar.

155. When the Official Receiver appoints a special manager, he may
at any time remove him if his employment seems unnecessary or
unprofitable to the estate, and he shall remove him if so required by a
special resolution of the creditors.

156. Applications by the Official Receiver to the court may be made
personally, and without notice or other formality, but the court may in
any case order that an application may be renewed in a formal manner
and that such notice thereof be given to any person likely to be affected
thereby as the court may direct.

157. Where for the purposes of any application to the court by the
Official Receiver for directions, or on his opposing a receiving order or
an order for adjudication, or on his applying to adjudge a debtor
bankrupt, or to rescind a receiving order, or to annul an adjudication
order, or for leave to disclaim a lease, or for an extension of time to apply
for leave to disclaim a lease, or for an order to take criminal proceedings
against a bankrupt, or to commit a bankrupt, it is necessary that
evidence be given by him in support of such opposition or application,
such evidence may be given by a report of the Official Receiver to the
court and need not be given by affidavit, and any such report of the
Official Receiver to the court shall be received by the court as prima
facie evidence of the matters reported upon.

158. In any case of doubt or difficulty or in any matter not provided
for by the Ordinance or any rules thereunder relating to any proceeding
in court, the Official Receiver may apply to the court for directions.

159. (1) Where a composition or scheme is sanctioned by the
court, the Official Receiver shall account to the debtor or, as the case
may be, to the trustee under the composition or scheme.





(2) Where a debtor is adjudged bankrupt and a trustee is appointed,
the Official Receiver shall account to the trustee in the bankruptcy.

(3) The provisions of this Part of these rules as to trustees and their
accounts shall not apply to the Official Receiver when acting as trustee,
but he shall account in such manner as is provided by the Ordinance or
as the court may from time to time direct.

160. The debtor shall on the request of the Official Receiver furnish
him with all such accounts and particulars as he may require. If the
debtor fails to comply with the requirements of this rule, the Official
Receiver shall report such failure to the court and the court shall take
such action on such report as the court may think just.

161. (1) Subject to paragraphs (2) and (3), where proceedings are
taken against the Official Receiver in respect of anything done or default
made by him when acting, or in the bona fide or reasonable belief that he
is acting, in pursuance of the Ordinance or in execution of the powers
given to the Official Receiver by the Ordinance, the costs, damages and
expenses which the Official Receiver may have to pay, or to which he
may be put under such proceedings, shall be paid out of the estate of
the debtor and not personally.

(2) Where such proceedings are commenced before the
appointment of a trustee by the creditors or before the approval of a
composition or scheme, the Official Receiver may, before putting the
trustee appointed by the creditors, or in the case of a composition or
scheme, the debtor in possession of the debtor's property, retain the
whole or some part of the debtor's estate to meet any damages, costs or
expenses which he may incur in consequence of the proceedings.

(3) Where such proceedings are commenced after the appointment
of a trustee, or after the approval of a composition or scheme, the Official
Receiver shall forthwith give notice of such proceedings to the trustee or
other person in whom the estate of the debtor may be vested (including
where appropriate the debtor himself) and as from the date of the notice
the estate shall be charged with the payment of the said damages, costs
and expenses.

Outside trustees

162. On the appointment of a trustee, notice of his appointment shall
forthwith be gazetted by the Official Receiver. Notice of the appointment
shall if he considers it necessary be inserted by the Official Receiver in a
local paper. The expense of such gazetting and notice shall be borne by
the estate.

163. It shall be a sufficient reason for refusing to approve the
appointment of a person as trustee that in any other proceedings under
the Ordinance such person has either been removed under section 96(2)
of the Ordinance from the office of trustee or has





failed or neglected, without good cause shown by him, to render
his accounts for audit for 2 months after the date by which the
same should have been rendered.

164. Where a trustee or special manager has given security in
the prescribed manner but fails to keep up such security or, if
called upon to do so, to increase such security, the court may
remove him from his office.

165. Where a trustee is removed by the court, the order remov-
ing him shall at once be filed with the proceedings in the matter
and shall also be gazetted by the Official Receiver.

166. A trustee intending to resign his office shall call a meeting
of creditors to consider whether his resignation shall be accepted
or not, and shall give not less than 7 days' notice of the meeting
to the Official Receiver.

167. Except as provided by the Ordinance or any rules there-
under, no trustee shall be entitled to receive out of the estate any
remuneration for services rendered to the estate except the re-
muneration to which under the Ordinance and such rules he is
entitled as trustee.

168. (1) Where the trustee or special manager carries on the
business of the debtor, he shall keep a distinct account of the
trading and shall incorporate in the cash book the total weekly
amount of the receipts and payments on such trading account.
(2) The trading account shall from time to time, and not less
than once in 3 months, be verified by affidavit and the trustee
shall thereupon submit such account to the committee of inspec-
tion (if any), or such member thereof as may be appointed by the
committee for that purpose, who shall examine and certify the same.

169. A trustee before making application to the court for his
release shall give notice of his intention so to do to the Official
Receiver, to all the creditors of the debtor who have proved their
debts and to the debtor, and shall send with such notice a sum-
mary of his receipts and payments as trustee:
Provided that, where such application is made upon the trustee
ceasing to act by reason of a composition having been approved
under section 25 of the Ordinance, such notice and summary shall
be sent to the debtor only.

170. Where the court has granted to a trustee his release, a
notice of the order granting such release shall be gazetted. The
fees shall be charged to the estate.

171. The release of a trustee shall not take effect unless and
until he has duly delivered over all the books, papers, documents
and accounts which by these rules he is required to deliver over
on his release.





172. Where one-fourth in value of the creditors desire that a
general meeting of the creditors may be summoned to consider
the propriety of removing the trustee, such meeting may be sum-
moned by a member of the committee of inspection, or by the
Official Receiver, on the deposit of a sum sufficient to defray the
expenses of summoning such meeting.
cl

173. The trustee shall forthwith pay all moneys received by
him as trustee to the credit of the bank account in the name of
the debtor's estate opened by him in pursuance of the provisions
of section 91(1) of the Ordinance. All payments out shall be
made by cheque payable to order, and every cheque shall have
marked or written on the face of it the name of the estate and
shall be signed by the trustee. Every cheque shall be counter-
signed in cases where there is a committee of inspection by at
least one member of the committee and by such other person, if
any, as the creditors or committee of inspection may appoint.

174. Where a trustee applies to the court for directions in any
matter, he shall file an application, and the court shall then hear
the application, or fix a day for hearing it, and direct the trustee
to apply by motion.

175. Any creditor who has proved his debt may apply to the
trustee for a copy of the accounts (or any part thereof) relating to
the estate as shown by the cash book up to date, and on paying
for the same at the rate of 75 cents per folio he shall be entitled
to have such copy accordingly.

176. Where in pursuance of section 88 of the Ordinance the
Official Receiver or trustee is required to transmit to creditors a
statement of the accounts, the cost of furnishing and transmitting
such statement shall be calculated at the rate of 75 cents per folio
for each statement.

177. Neither the trustee nor any member of the committee of
inspection of an estate shall, while acting as trustee or member of
such committee, except by leave of the court, either directly or
indirectly, by himself or any partner, clerk, agent or servant,
become purchaser of any part of the estate. Any such purchase
made contrary to the provisions of this rule may be set aside by
the court on the application of the Official Receiver or any creditor
or the debtor.

178. (1) Where the trustee carries on the business of the
debtor, he shall not without the express sanction of the court
purchase goods for the carrying on of such business from his
employer (if any) or from any person whose connexion with the
trustee is of such a nature as would result in the trustee obtaining
any portion of the profit (if any) out of the transaction.





(2) No member of a committee of inspection of an estate
shall, except under and with the sanction of the court, directly
or indirectly, by himself or any employer, partner, clerk, agent
or servant, be entitled to derive any profit from any transaction
arising out of the bankruptcy or to receive out of the estate any
payment for services rendered by him in connexion with the
administration of the estate or for any goods supplied by him to
the trustee for or on account of the estate. If it appears to the
court that any profit or payment has been made contrary to the
provisions of this rule, it may disallow such payment or recover
such profit, as the case may be, on the audit of the trustee's account.

(3) Where the sanction of the court under this rule to a pay-
ment to a member of a committee of inspection for services rendered
by him in connexion with the administration of the estate is
obtained, the order of the court shall specify the nature of the
services and shall only be given where the service performed is of a
special nature. No payment shall under any circumstances be
allowed to a member of a committee for services rendered by him
in the discharge of the duties attaching to his office as a member
of such committee.

(4) The cost of obtaining such sanction as aforesaid shall be
borne by the person in whose interest it is obtained and shall not
be payable out of the debtor's estate.

179. (1) Where a debtor is adjudged bankrupt and a trustee
is appointed, the Official Receiver shall forthwith put the trustee
into possession of all property of the bankrupt of which the Official
Receiver may be possessed; provided that such trustee has, before
the estate is handed over to him by the Official Receiver, dis-
charged any balance due to the Official Receiver on account of
fees, costs and charges properly incurred by him and payable
under the Ordinance, and on account of all advances properly
made by him in respect of the estate, together with interest on
such advances at the rate of 8 per cent per annum, and has discharged
or undertaken to discharge all guarantees which have been given
by the Official Receiver for the benefit of the estate; and the trustee
shall pay all fees, costs and charges of the Official Receiver which
may not have been discharged by the trustee before being put into
possession of the property of the bankrupt and whether incurred
before or after he has been put into such possession.

(2) The Official Receiver shall be deemed to have a lien upon
the estate until such balance has been paid and such guarantees
and other liabilities have been discharged.

(3) It shall be the duty of the Official Receiver, if so requested
by the trustee, to communicate to the trustee all such information
respecting the bankrupt and his estate and affairs as may be neces-
sary or conducive to the due discharge of the duties of the trustee.





180. Where the Official Receiver is of opinion that any act done by a
trustee or any resolution passed by a committee of inspection should be
brought to the notice of the creditors, for the purpose of being reviewed
or otherwise, the Official Receiver may summon a meeting of creditors
accordingly to consider the same, and the expense of summoning such
meeting shall be paid by the trustee out of any available assets under
his control.

Special manager

181. Where a special manager is appointed, he shall be paid such
remuneration as is provided by the scale of allowances contained in Table
C of the Bankruptcy (Fees and Percentages)

Scale

182. Every special manager shall account to the Official Receiver,
and such special manager's accounts shall be verified by affidavit in the
prescribed form, and, when approved b., the Official Receiver, the totals
of the receipts and payments shall be added to the Official Receiver's
accounts.

Security by trustee or special manager

183. In the case of a trustee or special manager the following rules
as to security shall be observed

(a) the security shall be given to the Registrar;

(b)it shall not be necessary that security be given in each
separate matter, but security may be given either specially in a
particular matter or generally to be available for any matter in
which the person giving security may be appointed either as
trustee or special manager;

(c)the Official Receiver shall fix the amount and nature of such
security and may from time to time as he thinks fit, either
increase or diminish the amount of special or general security
which any person has given.

Gazetting

184. All notices requiring publication in the Gazette shall be
gazetted by the Official Receiver or trustee, as the case may be.

185. Where any receiving order is amended, and also in any case in
which any matter which has been gazetted has been amended or altered
or in which a matter has been wrongly or inaccurately gazetted, the
Official Receiver or trustee shall regazette such order or matter with the
necessary amendments and alterations in the prescribed form, at the
expense of the estate.





186. Where an order which has been gazetted is annulled, revoked
or rescinded, notice of the order of annulment, revocation or rescission
shall be published in the Gazette. When the order is annulled, revoked
or rescinded on the application of the Official Receiver or of the trustee,
the fee for gazetting shall be paid out of the estate, but in any other case
such fee shall be paid by the party making the application.

Accounts and audit

187. The Official Receiver until a trustee is appointed, and thereafter
the trustee, shall keep a record of all minutes, all proceedings had and
resolutions passed at any meeting of creditors or of the committee of
inspection, and all such matters as may be necessary to give a correct
view of his administration of the estate, but he shall not be bound to
insert in the record any document of a confidential nature (such as the
opinion of counsel on any matter affecting the interest of the creditors)
nor need he exhibit such document to any person other than a member
of the committee of inspection.

188. The Official Receiver until a trustee is appointed, and thereafter
the trustee, shall keep a book to be called the 'Cash Book in which he
shall (subject to the provisions of these rules as to trading accounts)
enter the receipts and payments made by him.

189. The trustee shall submit the said record and cash book,
together with any other requisite books and vouchers, to the committee
of inspection (if any) when required, and not less than once every 3
months.

190. The committee of inspection shall not less than once every 3
months audit the cash book and certify therein under their hands the
day on which the said book was audited.

191. (1) Every trustee shall, at the expiration of 6 months from the
date of the receiving order and at the expiration of every succeeding 6
months thereafter until his release, transmit to the Official Receiver a
copy of the cash book in duplicate for such period, together with the
necessary vouchers and copies of the certificates of audit by the
committee of inspection. He shall also forward with the first accounts a
summary of the debtor's statement of affairs, showing thereon in red ink
the amounts realized, and explaining the cause of the non-realization of
such assets as may be unrealized.

(2) When the estate has been fully realized and distributed or if the
adjudication is annulled, the trustee shall forthwith send in his accounts
to the Official Receiver although the 6 months may not have expired.





(3) The accounts sent in by the trustee shall be certified and
verified by him.

192. When the trustee's account has been audited, the Official
Receiver shall certify that the account has been duly passed and shall
file the same with the proceedings in the bankruptcy.

193. Where a trustee has not since the date of his appointment or
since the last audit of his accounts, as the case may be, received or paid
any sum of money on account of the debtor's estate, he shall, at the
period when he is required to transmit his estate account to the Official
Receiver, forward to the Official Receiver an affidavit of no receipts or
payments.

194. Upon a trustee resigning or being released or removed from his
office, he shall deliver over to the Official Receiver or, as the case may
be, to the new trustee all books kept by him and all other books, papers,
documents and accounts in his possession relating to the office of
trustee.

195. Where a receiving order has been made against debtors in
partnership, distinct accounts shall be kept of the joint estate and of the
separate estate or estates, and no transfer of a surplus from a separate
estate to the joint estate on the ground that there are no creditors under
such separate estate shall be made until notice of the intention to make
such transfer has been gazetted.

196. When property forming part of a debtor's estate is sold by the
trustee through an auctioneer or other agent, the gross proceeds of the
sale shall be paid over by such auctioneer or agent, and the charges and
expenses connected with the sale shall afterwards be paid to such
auctioneer or agent on the production of the necessary allocatur of the
taxing officer.

197. In any case in which, under the provisions of section 63 of the
Ordinance, a trustee makes an allowance to a bankrupt out of his
property, such allowance, unless the creditors by special resolution
determine otherwise, shall be in money and the amount allowed shall be
duly entered in the trustee's accounts.

Unclaimed funds

198. An application under section 128 of the Ordinance for payment
out of the Bankruptcy Estates Account of any sum to which any person
claims to be entitled shall be made in such form and manner as the
Official Receiver may from time to time direct and shall (unless the
Official Receiver dispenses therewith) be supported by the affidavit of
the claimant and such further evidence as the Official Receiver may
require.





199. For the purposes of section 128(1) of the Ordinance, the court
may at any time order the trustee under any bankruptcy, composition or
scheme to submit to it an account verified by affidavit of the sums
received and paid by him under or in pursuance of any such bankruptcy,
composition or scheme, and may direct and enforce an audit of the
account and payment of any unclaimed or undistributed moneys arising
from the property of the debtor in the hands or under the control of such
trustee into the Bankruptcy F-states Account in accordance with the
terms of the said subsection.

PART V

MISCELLANEOUS

200. (1) Any person who knowingly falsities or fraudulently alters
any document in or incidental to any proceedings under the Ordinance
or any rules thereunder shall be deemed to be guilty of contempt of
court and shall be liable to be punished accordingly.

(2) The penalty imposed by this rule shall be in addition to and not
in substitution for any other penalty, punishment or proceeding to
which such person may be liable.

201. No person shall, as against the Official Receiver or trustee, be
entitled to withhold possession of the books of account or of any
document or paper belonging to the debtor or to set up any lien thereon.

202. The court may may, on the application of the Official Receiver,
direct that the director's books of account and other documents
given up by him may be sold, destroyed or otherwise disposed of.

203. Non-compliance with any of these rules, or with any rule of
practice for the time being in force, shall not render any proceeding void
unless the court so directs, but such proceeding may be set aside, either
wholly or in part, as irregular, or amended or otherwise dealt with in such
manner and upon such terms as the court may think fit.

204. The court may, under special circumstances and for good cause
shown, extend or abridge the time appointed by these rules or fixed by
any order of the court for doing any act or taking any proceeding.

205. When no other provision is made by the Ordinance or any rules
thereunder, the law, procedure and practice in bankruptcy matters in
force on the 31st December, 1931 shall, in so far as applicable, remain in
force.





SCHEDULE [rule 32.1

REGULATIONS AS TO COSTS

1. The scale of costs and the amount and the mode of taxation thereof
shall be that applicable from time to time in the original jurisdiction of the
High Court.

2. In respect of business connected with sales, purchases, leases, mortgages
and other matters of conveyancing, and in respect of other business not being
transacted in court or in chambers, and not being otherwise contentious business,
the solicitor's remuneration shall (in the absence of any agreement to the
contrary) be regulated by the conveyancing scale charges for the time being in
force:
Provided that, in cases of sales of mortgaged properties, the trustee's
solicitor shall be entitled to percentage only upon so much of the proceeds of
sale as shall not be chargeable by the mortgagee's solicitor with the percentage,
and such percentage shall be payable only out of the proceeds of sale.

3. All court fees and other proper disbursements shall be allowed in
addition to the remuneration in the authorized scale.

4. Extra allowance for length of sitting, or other increased allowances
not inconsistent with the scale, may be allowed:
Provided that any such allowances shall have been ordered and certified
by the court at the time, or all such charges shall be disallowed.

5. Vouchers shall be produced on taxation for all payments, or such
payments shall be disallowed.

6. As to all fees or allowances which are discretionary, the same are,
unless otherwise provided, to be allowed at the discretion of the Registrar, who
in the exercise of such discretion is to take into consideration other fees and
allowances to the solicitor and counsel, if any, in respect of the work to which
any such allowance applies, the nature and importance of the matter, the amount
involved, the interest of the parties, the estate or person to bear the costs, the
general conduct and costs of the proceedings, and all other circumstances.

7. The allowances to witnesses in bankruptcy proceedings in the court
shall be in accordance with those from time to time ordinarily made in proceed-
ings in the original jurisdiction of the High Court.
G.N.A. 727/32. G.N.A. 124/55. L.N. 46/64. L.N. 7/76. L.N. 39/76. L.N. 37/77. L.N. 272/77. Citation. R1.* Interpretation. R3. G.N.A. 124/55. G.N.A. 124/55. Computation of time. R4. (Cap. 6.) Matters to be heard in court. R6. G.N.A. 124/55. G.N.A. 124/55. Adjournment from chambers to court and vice versa. R9. (Cap. 6.) Proceedings, how intituled. R10. Form 1. (Cap. 6.) Records of the court. R12. L.N. 46/64. G.N.A. 124/55. Notices to be in writing. R13. (Cap. 6.) Meetings summoned by court. R15. (Cap. 6, sub. leg.) Form 39. Official Receiver to file copies of advertisements. R17. (Cap. 6.) Preparation of order. R37. Forms 70, 78, 80, 85 to 92. Security by bond. R38. Form 19. Amount of bond. R39. Deposit in lieu of bond. R40. Money lodged in court. R41. Security of guarantee society, etc. R42. Notice of sureties. R43. Form 20. Justification by sureties. R44. Form 21. Execution of bond. R45. Notice of deposit. R46. Application of section 125. R48. (Cap. 6.) Appointment and remuneration of shorthand writer. S.I. 1952/2113, rr. 69 and 70. Forms 55 to 58. L.N. 39/76. Discovery. R73. (Cap. 4, sub. leg.) Examination under section 29. R74. Forms 112 to 114. (Cap. 6.) To whom warrants addressed. R80. Forms 105, 108 to 110, 115. Procedure when warrant issued under section 27 of Ordinance. R81. Form 110. Procedure when warrant issued under section 29(2) of Ordinance. R82. Form 115. (Cap. 6.) Form 116. G.N.A. 124/55. Application to commit. R83. Forms 94 to 97. Notice and hearing of application. R84. Forms 98 to 100, 104. (Cap. 6.) L.N. 46/64. Service of petition, etc. G.N.A. 124/55. Regulations as to costs. R103. Schedule. Costs. S.I. 1952/2113, r. 92. L.M. 39/76. Solicitor's costs in case of petition by debtor. R105. Certificate of employment. R109. Notice of appointment. R112. Lodgment of bill. R113. Copy of bill. R114. Applications for costs. R115. Costs of shorthand notes. R118. G.N.A. 124/55. (Cap. 6.) Disallowance of costs in case of partnership. R119. Apportionment of costs in case of partnership. R120. Costs out of joint and separate estates. R121. G.N.A. 124/55. Form of declaration. R136. Form 2. Issue of notice. R138. Forms 4, 5. Endorsement of address, etc. R140. Form 8. Application to set aside. R141. Form 8. Duration of notice. R142. Service of notice. R143. Forms 7, 15, 16. Setting aside notice. R144. Form 9. Description and address of debtor. R146. Form 3. Attestation. R148. Copies of documents filed in bankruptcy proceedings to be served on Official Receiver. L.N. 272/77. Deposit by petitioner. R149. L.N. 46/64. L.N. 39/76. (Cap. 6.) Registration of petition in Land Office or District Land Office. Registration of petition in Land Office or District Land Office against partner. Security for costs. R150. (Cap. 6.) Verification. R151. Forms 10 to 12. Who to verify. R152. Joint petitioners. R153. Service. R155. Form 14. Death of debtor before service of petition. R159. Form and contents of order. R161. Form 13. Deposit. R162. L.N. 46/64. Further deposit necessary. R163. L.N. 46/64. G.N.A. 124/55. Repayment of deposits. R164. [cf. Cap. 6. s. 37.] Damages if petition dismissed. R165. Time of hearing. R167. Several respondents. R168. Debtor intending to show cause. R169. Form 17. Non-appearance of debtor. R170. Forms 23, 25, 26. Hearing of petition. R171. Non-appearance of creditor. R172. Application to withdraw petition. G.N.A. 124/55. Drawing up and contents of receiving order. L.N. 272/77. Registration of receiving order or order of adjudication in Land Office or District Land Office. Registration of receiving order or order of adjudication in Land Office, against partner. Service of receiving order, etc. Forms 25, 26, 78. G.N.A. 124/55. Receiving order on bankruptcy notice. R184. Stay of proceedings. R185. Advertisement. R186. Form 27. Costs of petition, etc. R187. (Cap. 6.) L.N. 39/76. Official Receiver's costs where proceeds of estate insufficient. S.I. 1952/2113. r. 181. L.N. 39/76. Application to rescind order, to stay proceedings thereunder or to annual adjudication; R188. Forms 18, 19, 79. application by Official Receiver; report by Official Receiver on application to rescind receiving order or annul adjudication. R188A. How made out. R189. Form 28. Dispensation of statement of affairs. L.N. 37/77. (Cap. 6.) Extension of time. R190. (Cap. 6.) Adjournments sine die. R195. Application to proceed. R196. Proceeding after adjournment sine die. R197. Notice of proceeding after adjournment sine die. R198. Form 54. Public examination of debtor who is a lunatic, etc. R199. Forms 60, 61. (Cap. 6.) Report of Official Receiver relating to dispensation with public examination. (Cap. 6.) L.N. 39/76. Application. Forms 81 to 84. L.N. 39/76. Appeals.R229(Cap.6.) Report of Official Receiver.R230 Evidence in answer to report.R231. G.N.A.124/55. Costs of application.R232 Order conditional on consent to judgment. R233. Forms 90 to92. Order. R234 Forms 85 to 89.G.N.A.124/55. Gazetting order.R235. G.N.A. 124/55.Execution on judgment in case of conditional discharge. R236 Accounts of after-acquired property ,etc. R238 From 93. Application for modification of order. R239 Notice to debtor of first meeting R240. Forms 29,35,39.G.N.A.124/55. Notice of first meeting Forms 30,31,39,40, Notices of other meetings R242.Forms 31,32,43,44. Non-reception of notice by creditor R243.G.N.A.124/55. Notice to Official Receiver of creditors meetings.R244. Proof of notice.R245 Forms 33,34, 41,42, G.N.A.124/55. Adjournment.R248.Form37.Quorm.R249 Swearing of proof. R250.Forms 46,47. Workermen's wages. R251. Form 48. Production of bills of exchange and promissory notes. R252. Time for lodging proofs. R253. Transmission of proofs to trustee. R254. Time for admission or rejection of proofs by Official Receiver. R259. Form 49. Time for admission or rejection of proof by trustee. R260. Form 49. Notice of admission of proof. R261. Appeal from rejection of proof. R262. Costs of appeals from decisions as to proofs. R263. Filing of proxies. R264. Forms 50, 51. G.N.A. 124/55. Signature of proxy. R265. Filling in when creditor blind, etc. R266. Minors not to be proxies. R267. Notice of intended dividend. R268. Forms 138, 139, 141. Production of bills, notes, etc. R269. (Cap. 19.) Dividend may be sent by post. R270. Payment of dividends to a nominee. R271. Form of register. Form 117. (Cap. 6.) G.N.A. 124/55. (Cap. 6, sub. leg.) Notice to bankrupt of application. R272. Forms 118, 119. (Cap. 6.) Review of order. R275. Disclaimer of lease. R276. Forms 123 to 130. G.N.A. 124/55. G.N.A. 124/55. Public officer or agent of company, etc. R277. Attestation of firm signature. R278. Debtor's petition by firm. R281. Creditor's petition by firm. Creditor's petition against firm. Petition by limited partnership. [cf. R283.] (Cap. 37.) Statement of affairs. R287. First meeting. R291. Acceptance of composition, etc., by joint and separate creditors. R292. Voting on composition. R293. Adjudication, trustee. R294. (Cap. 6.) Separate firms. R295. Lunatics. R297. (Cap. 6.) Verification of petition. R299. (Cap. 6.) Forms 134, 135. Deposit. (Cap. 6.) Gazetting. R300. (Cap. 6.) Form 136. Service. R301. G.N.A. 124/55. Duties of executor, etc. R302. (Cap. 6.) G.N.A. 124/55. Meetings of creditors, trustees, etc. R304. (Cap. 6, sub. leg.) Administration of small bankruptcies. S.I. 1952/2113, r. 298(1), (2), (4), (9), (11), (14). (Cap. 6.) L.N. 39/76. Duties as to debtor's statement of affairs. R311. Form 28. Subsistence allowance to debtor. R312. Special report as to person employed to assist debtor. R313. (Cap. 6.) Use of proxies by deputy. R314. Registrar to act in sudden emergency. R317. Removal of special manager. R318. Mode of application to court. R319. Evidence on application by Official Receiver. R320. G.N.A. 124/55. Application for directions. R321. (Cap. 6.) Accounting by Official Receiver. R323. G.N.A. 124/55. G.N.A. 124/55. (Cap. 6.) Accounts of debtor. R325. Liability for costs, expenses and damages. S.I. 1952/2113, r. 330. (Cap. 6.) L.N. 39/76. Notice of appointment. R327. Grounds for refusing to appoint. R330. (Cap. 6.) Removal for failing to keep up or increase security. R331. Removal by court. R332. Notice of resignation. R333. Limit of remuneration. R335. (Cap. 6.) Trustee carrying on business. R337. Forms 147 to 149. Application for release. R338. Forms 137, 152, 153. (Cap. 6.) Gazetting of release. R339. Delivery of books, etc., on release of trustee. R340. Meeting to consider removal of trustee. R341. Bank account. R342. G.N.A. 124/55. Application for directions. R344. Forms 131, 132. G.N.A. 124/55. Creditor may obtain copy of trustee's accounts. R345. G.N.A. 124/55. Statements of accounts to be furnished to creditors. R346. Form 150. (Cap. 6.) G.N.A. 124/55. Purchase of part of estate by trustee or committee forbidden. R347. G.N.A. 124/55. Dealings with estate by trustee and committee of inspection. R348. Discharge of costs, etc., before estate handed over to trustee. R349. (Cap. 6.) Meetings of creditors to consider conduct of trustee. R350. Remuneration of special manager. R351. (Cap. 6, sub. leg.) Accounts. R352. Form 151. G.N.A. 124/55. Standing security to Registrar. R353. Gazetting notices. R354. Re-gazetting. R355. Gazetting annulment of order already gazetted. R356. G.N.A. 124/55. Record of minutes, etc. R360. Cash book. R361. Books to be submitted to committee of inspection. R362. Audit of cash book. R363. Form 145. Official Receiver's audit of trustee's accounts. R364. Form 146. Accounts to be filed. R365. Affidavit of no receipts. R366. Proceedings on resignation, etc., of trustee. R367. Joint and separate estates accounts. R368. Expenses of sale. R369. G.N.A. 124/55. Allowance to debtor. R370. (Cap. 6.) Application for payment out by party entitled. R372. L.N. 39/76. Accounts by trustees of unclaimed funds. R373. Falsification of documents. R382. No lien on debtor's books. R383. Disposal of bankrupt's books and papers. R384. Non-compliance with rules. R385. G.N.A. 124/55. Abridgment or enlargement of time. R386. Saving for existing laws, etc. R387. G.N.A. 124/55. (Cap. 6.)

G.N.A. 727/32. G.N.A. 124/55. L.N. 46/64. L.N. 7/76. L.N. 39/76. L.N. 37/77. L.N. 272/77. Citation. R1.* Interpretation. R3. G.N.A. 124/55. G.N.A. 124/55. Computation of time. R4. (Cap. 6.) Matters to be heard in court. R6. G.N.A. 124/55. G.N.A. 124/55. Adjournment from chambers to court and vice versa. R9. (Cap. 6.) Proceedings, how intituled. R10. Form 1. (Cap. 6.) Records of the court. R12. L.N. 46/64. G.N.A. 124/55. Notices to be in writing. R13. (Cap. 6.) Meetings summoned by court. R15. (Cap. 6, sub. leg.) Form 39. Official Receiver to file copies of advertisements. R17. (Cap. 6.) Preparation of order. R37. Forms 70, 78, 80, 85 to 92. Security by bond. R38. Form 19. Amount of bond. R39. Deposit in lieu of bond. R40. Money lodged in court. R41. Security of guarantee society, etc. R42. Notice of sureties. R43. Form 20. Justification by sureties. R44. Form 21. Execution of bond. R45. Notice of deposit. R46. Application of section 125. R48. (Cap. 6.) Appointment and remuneration of shorthand writer. S.I. 1952/2113, rr. 69 and 70. Forms 55 to 58. L.N. 39/76. Discovery. R73. (Cap. 4, sub. leg.) Examination under section 29. R74. Forms 112 to 114. (Cap. 6.) To whom warrants addressed. R80. Forms 105, 108 to 110, 115. Procedure when warrant issued under section 27 of Ordinance. R81. Form 110. Procedure when warrant issued under section 29(2) of Ordinance. R82. Form 115. (Cap. 6.) Form 116. G.N.A. 124/55. Application to commit. R83. Forms 94 to 97. Notice and hearing of application. R84. Forms 98 to 100, 104. (Cap. 6.) L.N. 46/64. Service of petition, etc. G.N.A. 124/55. Regulations as to costs. R103. Schedule. Costs. S.I. 1952/2113, r. 92. L.M. 39/76. Solicitor's costs in case of petition by debtor. R105. Certificate of employment. R109. Notice of appointment. R112. Lodgment of bill. R113. Copy of bill. R114. Applications for costs. R115. Costs of shorthand notes. R118. G.N.A. 124/55. (Cap. 6.) Disallowance of costs in case of partnership. R119. Apportionment of costs in case of partnership. R120. Costs out of joint and separate estates. R121. G.N.A. 124/55. Form of declaration. R136. Form 2. Issue of notice. R138. Forms 4, 5. Endorsement of address, etc. R140. Form 8. Application to set aside. R141. Form 8. Duration of notice. R142. Service of notice. R143. Forms 7, 15, 16. Setting aside notice. R144. Form 9. Description and address of debtor. R146. Form 3. Attestation. R148. Copies of documents filed in bankruptcy proceedings to be served on Official Receiver. L.N. 272/77. Deposit by petitioner. R149. L.N. 46/64. L.N. 39/76. (Cap. 6.) Registration of petition in Land Office or District Land Office. Registration of petition in Land Office or District Land Office against partner. Security for costs. R150. (Cap. 6.) Verification. R151. Forms 10 to 12. Who to verify. R152. Joint petitioners. R153. Service. R155. Form 14. Death of debtor before service of petition. R159. Form and contents of order. R161. Form 13. Deposit. R162. L.N. 46/64. Further deposit necessary. R163. L.N. 46/64. G.N.A. 124/55. Repayment of deposits. R164. [cf. Cap. 6. s. 37.] Damages if petition dismissed. R165. Time of hearing. R167. Several respondents. R168. Debtor intending to show cause. R169. Form 17. Non-appearance of debtor. R170. Forms 23, 25, 26. Hearing of petition. R171. Non-appearance of creditor. R172. Application to withdraw petition. G.N.A. 124/55. Drawing up and contents of receiving order. L.N. 272/77. Registration of receiving order or order of adjudication in Land Office or District Land Office. Registration of receiving order or order of adjudication in Land Office, against partner. Service of receiving order, etc. Forms 25, 26, 78. G.N.A. 124/55. Receiving order on bankruptcy notice. R184. Stay of proceedings. R185. Advertisement. R186. Form 27. Costs of petition, etc. R187. (Cap. 6.) L.N. 39/76. Official Receiver's costs where proceeds of estate insufficient. S.I. 1952/2113. r. 181. L.N. 39/76. Application to rescind order, to stay proceedings thereunder or to annual adjudication; R188. Forms 18, 19, 79. application by Official Receiver; report by Official Receiver on application to rescind receiving order or annul adjudication. R188A. How made out. R189. Form 28. Dispensation of statement of affairs. L.N. 37/77. (Cap. 6.) Extension of time. R190. (Cap. 6.) Adjournments sine die. R195. Application to proceed. R196. Proceeding after adjournment sine die. R197. Notice of proceeding after adjournment sine die. R198. Form 54. Public examination of debtor who is a lunatic, etc. R199. Forms 60, 61. (Cap. 6.) Report of Official Receiver relating to dispensation with public examination. (Cap. 6.) L.N. 39/76. Application. Forms 81 to 84. L.N. 39/76. Appeals.R229(Cap.6.) Report of Official Receiver.R230 Evidence in answer to report.R231. G.N.A.124/55. Costs of application.R232 Order conditional on consent to judgment. R233. Forms 90 to92. Order. R234 Forms 85 to 89.G.N.A.124/55. Gazetting order.R235. G.N.A. 124/55.Execution on judgment in case of conditional discharge. R236 Accounts of after-acquired property ,etc. R238 From 93. Application for modification of order. R239 Notice to debtor of first meeting R240. Forms 29,35,39.G.N.A.124/55. Notice of first meeting Forms 30,31,39,40, Notices of other meetings R242.Forms 31,32,43,44. Non-reception of notice by creditor R243.G.N.A.124/55. Notice to Official Receiver of creditors meetings.R244. Proof of notice.R245 Forms 33,34, 41,42, G.N.A.124/55. Adjournment.R248.Form37.Quorm.R249 Swearing of proof. R250.Forms 46,47. Workermen's wages. R251. Form 48. Production of bills of exchange and promissory notes. R252. Time for lodging proofs. R253. Transmission of proofs to trustee. R254. Time for admission or rejection of proofs by Official Receiver. R259. Form 49. Time for admission or rejection of proof by trustee. R260. Form 49. Notice of admission of proof. R261. Appeal from rejection of proof. R262. Costs of appeals from decisions as to proofs. R263. Filing of proxies. R264. Forms 50, 51. G.N.A. 124/55. Signature of proxy. R265. Filling in when creditor blind, etc. R266. Minors not to be proxies. R267. Notice of intended dividend. R268. Forms 138, 139, 141. Production of bills, notes, etc. R269. (Cap. 19.) Dividend may be sent by post. R270. Payment of dividends to a nominee. R271. Form of register. Form 117. (Cap. 6.) G.N.A. 124/55. (Cap. 6, sub. leg.) Notice to bankrupt of application. R272. Forms 118, 119. (Cap. 6.) Review of order. R275. Disclaimer of lease. R276. Forms 123 to 130. G.N.A. 124/55. G.N.A. 124/55. Public officer or agent of company, etc. R277. Attestation of firm signature. R278. Debtor's petition by firm. R281. Creditor's petition by firm. Creditor's petition against firm. Petition by limited partnership. [cf. R283.] (Cap. 37.) Statement of affairs. R287. First meeting. R291. Acceptance of composition, etc., by joint and separate creditors. R292. Voting on composition. R293. Adjudication, trustee. R294. (Cap. 6.) Separate firms. R295. Lunatics. R297. (Cap. 6.) Verification of petition. R299. (Cap. 6.) Forms 134, 135. Deposit. (Cap. 6.) Gazetting. R300. (Cap. 6.) Form 136. Service. R301. G.N.A. 124/55. Duties of executor, etc. R302. (Cap. 6.) G.N.A. 124/55. Meetings of creditors, trustees, etc. R304. (Cap. 6, sub. leg.) Administration of small bankruptcies. S.I. 1952/2113, r. 298(1), (2), (4), (9), (11), (14). (Cap. 6.) L.N. 39/76. Duties as to debtor's statement of affairs. R311. Form 28. Subsistence allowance to debtor. R312. Special report as to person employed to assist debtor. R313. (Cap. 6.) Use of proxies by deputy. R314. Registrar to act in sudden emergency. R317. Removal of special manager. R318. Mode of application to court. R319. Evidence on application by Official Receiver. R320. G.N.A. 124/55. Application for directions. R321. (Cap. 6.) Accounting by Official Receiver. R323. G.N.A. 124/55. G.N.A. 124/55. (Cap. 6.) Accounts of debtor. R325. Liability for costs, expenses and damages. S.I. 1952/2113, r. 330. (Cap. 6.) L.N. 39/76. Notice of appointment. R327. Grounds for refusing to appoint. R330. (Cap. 6.) Removal for failing to keep up or increase security. R331. Removal by court. R332. Notice of resignation. R333. Limit of remuneration. R335. (Cap. 6.) Trustee carrying on business. R337. Forms 147 to 149. Application for release. R338. Forms 137, 152, 153. (Cap. 6.) Gazetting of release. R339. Delivery of books, etc., on release of trustee. R340. Meeting to consider removal of trustee. R341. Bank account. R342. G.N.A. 124/55. Application for directions. R344. Forms 131, 132. G.N.A. 124/55. Creditor may obtain copy of trustee's accounts. R345. G.N.A. 124/55. Statements of accounts to be furnished to creditors. R346. Form 150. (Cap. 6.) G.N.A. 124/55. Purchase of part of estate by trustee or committee forbidden. R347. G.N.A. 124/55. Dealings with estate by trustee and committee of inspection. R348. Discharge of costs, etc., before estate handed over to trustee. R349. (Cap. 6.) Meetings of creditors to consider conduct of trustee. R350. Remuneration of special manager. R351. (Cap. 6, sub. leg.) Accounts. R352. Form 151. G.N.A. 124/55. Standing security to Registrar. R353. Gazetting notices. R354. Re-gazetting. R355. Gazetting annulment of order already gazetted. R356. G.N.A. 124/55. Record of minutes, etc. R360. Cash book. R361. Books to be submitted to committee of inspection. R362. Audit of cash book. R363. Form 145. Official Receiver's audit of trustee's accounts. R364. Form 146. Accounts to be filed. R365. Affidavit of no receipts. R366. Proceedings on resignation, etc., of trustee. R367. Joint and separate estates accounts. R368. Expenses of sale. R369. G.N.A. 124/55. Allowance to debtor. R370. (Cap. 6.) Application for payment out by party entitled. R372. L.N. 39/76. Accounts by trustees of unclaimed funds. R373. Falsification of documents. R382. No lien on debtor's books. R383. Disposal of bankrupt's books and papers. R384. Non-compliance with rules. R385. G.N.A. 124/55. Abridgment or enlargement of time. R386. Saving for existing laws, etc. R387. G.N.A. 124/55. (Cap. 6.)

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