Fee on receiving order.

Administration order in lieu of

receiving order.

Power to

certain

cases.

Court under sect. 5 of the Debtors Act, 1869, shall be exercised by the bankruptcy registrars of the High Court.

266.-(1.) When a receiving order is made under sect. 103 of the Act, the creditor shall pay the like fee and deposit as are prescribed in the case of a bankruptcy petition.

(2.) Where the Court is of opinion that a receiving order ought to be made in lieu of committal, and the judgment creditor does not consent to pay the required fee and deposit, the Court may dismiss the application or adjourn it on such terms, as to costs and otherwise, as may be just.

267. Where an application to commit is made to a County Court, and it appears to the Court that the total liabilities of the judgment debtor do not exceed fifty pounds, the Court may, if it thinks that an order for committal ought not to be made, make an administration order under sect. 122 of the Act in lieu of making a receiving order.

268.-(1.) Where an application to commit is made transfer in to the judge of a Court not having bankruptcy jurisdiction, and he is of opinion that a receiving order should be made in lieu of committal, he may order the matter to be transferred to the nearest or most convenient Court having bankruptcy jurisdiction.

High Court judgments.

Procedure.

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

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

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

GENERAL RULES

As to Administration Orders under Section 122 of the Bankruptcy Act, 1883.

It is ordered as follows:

1. A debtor desiring to obtain an administration order under section 122 of the Act shall file with the registrar of the Court a request in writing according to the form in the Appendix hereto.

When the debtor is illiterate and unable to fill up such request the registrar or his clerk shall fill up the same from the information given by such debtor.

2. When a debtor forthwith after a judgment has been obtained against him alleges that he is unable to pay the amount of the judgment forthwith and that his whole indebtedness amounts to a sum not exceeding 507., all proceedings upon such judgment shall be stayed for such time as the Court may direct to enable the debtor to file a request pursuant to the last preceding rule. If the debtor does not file his request within the time directed, or such extended time as may be allowed by the judge or registrar, the plaintiff may, upon giving two days' notice in writing to the debtor and to the registrar of the Court, apply to the registrar for an order for payment, and thereupon the registrar may make such order as if such allegation had not been made.

3. Upon a request being filed, the registrar shall, as soon as may be, send a notice according to the form in the Appendix hereto to all the creditors scheduled by the debtor of the day and hour when the debtor's application will be heard, such notice shall be sent by post ten clear days before the day appointed for hearing the application.

The registrar shall also in like manner send notice to the debtor according to the form in the Appendix hereto.

4. Any creditor to whom the notice of the application has been sent, and who desires to object to any debt scheduled by the debtor, must send notice thereof to the registrar of the Court and to the debtor and the creditor whose claim is objected to five clear days before the day fixed for the hearing of the application, and therein he shall state the grounds of his objection. Such notice may be sent by post. The Court may, if it sees fit, proceed to hear the objection although such notice has not been given.

5. Upon the application coming on for hearing, the course of proceedings shall be as follows:(a) The debtor shall attend in person unless the judge otherwise directs.

(b) Any creditor whether he has received a notice of the application or not may attend the hearing thereof and prove his claim.

(c) All claims set out in the schedule shall be taken to be proved unless objected to by a creditor.

(d) All creditors whose claims are objected to either by the debtor or any other creditor shall prove their claims in like manner as upon the hearing of an ordinary summons, provided that the judge may in his discretion direct the proof of any claim to be adjourned upon any terms that he may think fit, and may thereupon either adjourn the further consideration of the application or proceed to determine the same, in which latter case such claim, if and when proved, shall be added to the schedule of creditors who have proved their debts.

No person shall be entitled to have any question in issue determined by a jury unless by order of the judge.

(e) The debtor shall answer all questions put and allowed by the Court.

(f) Any creditor who has proved, and by leave of

the Court any creditor the proof of whose claim has been adjourned, and with the like leave any other person on their behalf, shall

be entitled to be heard and to adduce evidence.

(g) In determining whether the debtor shall pay his debts in full or to any less extent the Court shall take into consideration the circumstances under which the indebtedness was incurred, and particularly whether the same or any part thereof was incurred by means of fraud, and whether the debtor has been guilty of idleness, improvidence, gambling, or intemperance.

6. When an administration order is made a copy thereof shall be sent by post by the registrar to the debtor, but it shall not be necessary to prove the receipt thereof by the debtor before taking any proceedings upon such order.

Notice of the said order having been made shall be sent to each creditor; such notice shall be sent by post and shall be in accordance with the form in the Appendix hereto.

7. Any creditor entitled to object under sub-section 11 of section 122 of the Act must give notice in writing to the registrar of his objection and of the grounds thereof, and the registrar shall thereupon name a day when such objection may be heard. An application to allow such objection shall be heard by the Court ex parte in the first instance, and the Court may dismiss such application, or it may direct the same to be renewed upon notice being given to such persons and upon such terms as to security for costs and otherwise as the Court may think fit.

8. After an administration order has been made no creditor to whom notice of hearing of the application has been duly sent under Rule 3, shall be entitled to object to any debt scheduled, or to the manner in which payment is directed to be made by the order, unless he proves to the satisfaction of the Court that such notice did not reach him, and that he has not received reasonable notice of the proceedings in any other manner.

No creditor shall be entitled to make any such objection after the expiration of two calendar months from the date of the order.

9. Any creditor desirous to prove a debt under sub-sections 10 and 12 of section 122 of the Act shall send in his claim in writing to the registrar, who shall thereupon send notice to the debtor of the same according to the form in the Appendix hereto.

10. If the debtor does not appear and dispute the claim within the period allowed by the notice, the claim shall be deemed to be proved, and shall be added to the schedule accordingly, and notice thereof shall be sent to the creditor.

11. If the debtor objects to the claim and gives notice thereof in accordance with the terms of the notice, the registrar shall appoint a day for the hearing of such objection and give notice thereof to both parties.

12. The Court may, if it think fit, or the majority of the creditors present at the hearing of the application who may have proved desire it, appoint, subject to removal by the Court at any time, any person

to have the conduct of the order.

It shall be the duty of any person so appointed to take all proper proceedings for enforcing the terms of the order, but in case of his neglect to proceed or of urgency any creditor may take them.

13. A judgment summons shall be issued without fee and be served personally five clear days before the return day thereof, and all proceedings thereon shall be taken in like manner as if it were a judgment summons issued in an action in the County Court, except that the debtor as provided by the statute must prove that he has not had the means to pay the sum in respect of which he has made default; and if thereupon the Court is satisfied that he has not had the means to pay the sum in respect of which he has made default, the Court may direct that the order of administration shall be deemed to have been suspended during the period covered by such default.

14. The Court may from time to time suspend the operation of any order or vary the same so far as relates to the payment and the amount of the instal