CHAP. V. Appointment of Time and Place for hearing the Petition.]- PART VII. Rule 34. "The registrar shall appoint the time and place on which the petition will be heard, and notice thereof shall be written on the petition and sealed copies, and where the petition has not been served the registrar may from time to time alter the first day so appointed, and appoint another day and hour." Form of Petition.] Rule 27. "Every petition shall be fairly written or printed, or partly Sect. 59. written and partly printed, on parchment or paper according to the form in the schedule, and no alterations, interlineations, or erasures shall be permitted without leave of the registrar, except so far as the same may be necessary in order to adapt the printed form to the circumstances of the particular case; and every petition must be lodged, with two copies to be sealed and issued to the petitioner." The rules provide a form of bankruptcy petition book, to be kept by the registrars of county courts (e). No. 10. Petition. "The Bankruptcy Act, 1869." To the London Bankruptcy Court [or the county court of holden at The humble petition of C. D. of Showeth, That A. B., [or where petition filed in other court than the London Court, That A. B. does not reside or carry on business within the district of the London Bankruptcy Court, but] resides [or carries on business] within the district of this court, that is to say, at [insert the name of the place]. That the said A. B. is indebted to your petitioner [or petitioners in the aggregate] in the sum of [set out the amount of the debt [or debts] and the consideration]. That your petitioner doth not nor doth any person or persons in his behalf hold any security on the bankrupt's estate, or on any part thereof for the payment of the said sum [or, That your petitioner holds security for the payment of [or part of] the said sum, [or that C. D., one of your petitioners, holds security for the payment of the sum of and E. F., another of your petitioners, holds security for the payment of the ,] but that he [or they] will give up such security [or securities] for the benefit of the creditors of A. B., in the event of his being adjudged a bankrupt. sum of [Or That your petitioner holds security for the payment of [or part of] the said sum, and that he estimates the value of such security at the sum of pounds.] That the said A. B. has committed an act [or acts] of bankruptcy within six months before the presentation of this petition. That the act [or acts] of bankruptcy committed by him was or were that [here set out separately the acts of bankruptcy]. (e) "Bankruptcy Rules, 1870," Form, No. 102. Sect. 6. Rule 26. PART VII. Rule 33. Your petitioner therefore humbly prays that on proof of the requi- C. D. 187 in the presence of G. H., attorney, &c. Registrar of the court, or L. M. The above petition having been presented to day of heard at o'clock in the noon. this court, on the it is ordered that this petition shall be day of 187, at And you the said A. B. are to take notice, that should you intend to dispute the truth of any of the statements contained in the petition, you must file with the registrar of this court a notice, showing the grounds upon which you intend to dispute the same, and send by post a copy of the affidavit to the petitioner three days before the day fixed for the hearing. § 2.-VERIFICATION OF PETITION. "The Bankruptcy Act, 1869," enacts that every bankruptcy petition shall be accompanied by an affidavit of the petitioner in the prescribed form, verifying the statements contained in such petition (ƒ). (f) 32 & 33 Vict. c. 71, s. 80. The section which relates to various matters is given here in its entirety: Sect. 80. "The following regulations shall be made with respect to proceedings in bankruptcy; namely, (1.) Every bankruptcy petition shall be accompanied by an affidavit of the petitioner in the prescribed form, verifying the statements contained in such petition: (2.) Where two or more bankruptcy petitions are presented against the same debtor or against debtors being members of the same partnership, the court may consolidate the proceedings, or any of them, upon such terms as the court thinks fit: (3.) Where proceedings against the debtor are instituted in more courts than one the London Court of Bankruptcy may, on the application of any creditor, direct the transfer of such proceedings to the London Court of Bankruptcy, or to any local bankruptcy court: (4.) Where the petitioner does not proceed with due diligence on his petition the court may substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this act in the case of a petitioning creditor: (5.) Where the creditors resolve by a special resolution that it will be more convenient that the proceedings in any local bankruptcy court should be transferred to the London court or to some other local court, or where the judge of "The Bankruptcy Rules, 1870," direct that PART VII. CHAP. V. Rule 32. "After the presentation of the petition, and before sealing the copies of the petition for service, the statements in the petition Sect. 8. shall be carefully investigated, and where some of the statements in the petition cannot be sworn to, witnesses may be summoned to prove the same." Rule 29. "When the petitioning creditor cannot himself verify all the statements contained in the petition, he must file in support of the petition the affidavit of any person who can depose to them." Rule 30. "Where a petition is presented by two or more creditors not in partnership, each creditor must depose to the truth of such of the statements in the petition as are within his own knowledge, either in a joint or separate affidavit." No. 11. Affidavit of Truth of Statements in Petition. In the London Bankruptcy Court [or the county court of holden at In the matter of a bankruptcy petition against A. B. of I, the petitioner named in the petition hereunto annexed, make oath [if the petitioner declare or affirm, alter the form accordingly] and say, a local court certifies that in his opinion the bankruptcy would be more advantageously conducted in the London court or in some other local court, and the creditors do not by resolution object to the transfer, the petition shall be transferred to and all subsequent proceedings thereon had in the London court or such other local court: (6.) Subject to the provisions of this act, every court having original jurisdiction in bankruptcy shall be deemed to be the same court, and to have jurisdiction throughout England; and cases may be transferred from one court to another in such manner as may be prescribed: (7.) A corporation may prove a debt, vote, and otherwise act in bankruptcy, by an agent duly authorized under the seal of the corporation : (8.) A creditor may, in the prescribed manner, by instrument in writing, appoint a person to represent him in all matters relating to any debtor or his affairs in which a creditor is concerned in pursuance of this act, and such representative shall thereupon, for all the purposes of this act, stand in the same position as the creditor who appointed him: (9.) When a debtor who has been adjudicated a bankrupt dies, the court may order that the proceedings in the matter be continued as if he were alive: (10.) The court may, at any time, on proof to its satisfaction that proceedings in bankruptcy ought to be stayed, by reason that negotiations are pending for the liquidation of the affairs of the bankrupt by arrangement or for the acceptance of a composition by the creditors in pursuance of the provisions hereinafter contained, or on proof to its satisfaction of any other sufficient reason for staying the same, make an order for staying the same, either altogether or for a limited time, on such terms and subject to such conditions as the court may think just. Sect. 80. PART VII. CHAP. V. Sect. 80. 1. That the several statements in the said petition are within my own knowledge true. Sworn at, &c. C. D. NOTE.-If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge he must set forth the statements the truth of which he can depose to, and file a further affidavit by some person or persons who can depose to the truth of the remaining statements. No. 12. Affidavit of Truth of Statements in Petition. In the London Bankruptcy Court [or the county court of ]. In the matter of a bankruptcy petition against A. B. of We, C. D., E. F., G. H., &c., the petitioners named in the petition hereunto annexed, severally make oath and say, And first I the said C. D. for myself say, 1. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition. 2. That the said A. B. committed the act of bankruptcy stated to have been committed by him in the said before-mentioned petition. And I the said E. F. for myself say, 3. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition. And I the said G. H. for myself say, 4. That A. B. is, &c. Sworn by the deponents C. D., E. F., and G. H., &c. C. D. E. F. G. H. See note to last form. §3.-SERVICE OF PETITION. A petition praying that a debtor may be adjudged a bankrupt must be served in the prescribed manner (g). The rules prescribe that "a bankruptcy petition shall be personally served seven days before the day of its hearing by delivering to the debtor a sealed copy of the filed petition" (h). It may be served upon the debtor by an officer or a bailiff of the court, or by the creditor or his attorney. If personal service cannot be effected, the court may grant extension of the time for service, or if the court is satisfied by affidavit that the debtor is keeping out of the way to avoid service, it may order service to be made by delivery of the petition to some adult inmate at his usual or last known place of residence or business, or it may order that a notice (i) be gazetted requiring the debtor to appear at the hearing (g) "The Bankruptcy Act, 1869," s. 8. See the entire section, post, p. 254; as to computation of time, see ante, p. 210. Rules, (h) "The Bankruptcy 1870," Rule 60, ante, p 235. (i) See the Form, post, No. 15. CHAP. V. of the petition on the day named, being not less than fourteen days PART VII. after the publication of the notice, and that such notice shall be deemed to be served on the debtor (k). Notice of the publication in the gazette of the order of the court must be given in one local paper (1). Service of the petition is proved by affidavit, with a sealed copy of the petition attached and filed in court forthwith after the summons (m). An application for extension of time for service of a petition must be in writing, but need not be supported by affidavit, unless in any case the court requires otherwise (n). "The Bankruptcy Rules, 1870," provide that Rule 65. "Where the act of bankruptcy alleged in a petition to have been committed by the debtor is that the debtor, being a trader, has departed from his dwelling-house, or otherwise absented himself, the petition may be heard forthwith on a sealed copy of the petition being left at the usual or last known place of residence or business of the debtor." Rule 66. "Where a debtor petitioned against is not in England, the court upon such evidence as shall satisfy it that the service will be effectual or sufficient, may order service to be made within such time and in such manner and form as it shall deem fit." Rule 35. "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." No. 14. Affidavit of Service of Petition. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at 1. In the matter of a bankruptcy petition against A. B. I, L. M. of day of 1. That I did, on the 187 serve the abovementioned A. B. with a copy of the above-mentioned petition, duly sealed with the seal of the court, by delivering the same personally to the said A. B. Sworn at, &c. L. M., bailiff, creditor, attorney Rule 63. No. 15. Substituted Service of Petition. or his clerk. Notice in Gazette. In the London Bankruptcy Court [or the county court of Take notice, that a bankruptcy petition has been presented against (k) "The Bankruptcy Rules, (m) Id. Rule 63, ante, p. 236. 1870," Rule 61, ante, p. 235. Rule 61. |