Stay of legal proceedings against or by Stay of legal proceedings against or by debtor.

### Stay of legal proceedings against or by debtor. Cf. E.B.A., s. 9. N.S.W., s. 10 (5)–(7). Q., ss. 77, 88. S.A., s. 221. W.A., 1892, ss. 10, 11. Tas., s. 12. 63.—(1.) The Court may at any time after the presentation of a petition, upon such conditions as it thinks fit, discharge any order made against the property or person of the debtor under any Act or State Act dealing with the imprisonment of fraudulent debtors and stay any action, suit, execution, or other legal process against the property or person of the debtor, and discharge him out of custody, and any Court in which civil proceedings are pending against a debtor may, on proof that a petition has been presented by or against the debtor, either stay the proceedings or allow them to continue on such terms as it thinks just. (2.) Where the Court makes an order staying any action or proceeding, or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the Court, by prepaid post letter, or by leave of the Court by telegram, to the address for service of the plaintiff or other party prosecuting the proceeding. (3.) Every action or proceeding at law or in equity commenced by any person, against whom a sequestration order is afterwards made, shall, upon the sequestration order being made, be stayed until the official receiver or trustee makes election to prosecute or discontinue it, and the official receiver or trustee shall be bound to make such election within four weeks after notice to that effect is served upon him by any defendant or party in the action or proceeding, or otherwise shall be deemed to have abandoned it: Provided that any bankrupt may continue, in his own name and for his own benefit, any action or proceedings commenced by him previous to his bankruptcy for any personal injury or wrong done to himself or to any member of his family. ###