Div 16Appeals.

Division 16.—Appeals. Restitutions on appeal. 131. No appeal shall be brought— (a) without the leave of the Court, to the High Court from any order made by consent, or as to costs only; (b) without the leave of the Court, from any order relating to property when it is apparent from the proceedings that the money or money’s worth involved does not exceed £50; (c) in respect of the omission by the Court appealed from to exercise discretionary power, unless the Court has in its judgment, or on application made to it at the hearing, expressly refused to exercise the power, in which case the refusal may be made a ground of appeal. Time for appeal. 132.—(1.) Subject to the powers of the High Court to extend the time under special circumstances, no appeal to the High Court from any order of the Court shall be brought after the expiration of twenty-one days. (2.) That period shall be calculated from the time at which the order is signed, entered, or otherwise perfected, or, in the case of the refusal of an application, from the date of the refusal. Security for costs of appeal. 133. At or before the time of entering an appeal the party intending to appeal shall lodge in the High Court the sum of Twenty pounds to satisfy, in so far as that sum may extend, any costs that the appellant is ordered to pay: Provided that the High Court may in any special case increase or diminish the amount of the security or dispense therewith. Notice of appeal. 134. Upon entering an appeal, a copy of the notice of appeal shall forthwith be sent by the appellant to the Registrar, who shall mark thereon the date when received and forthwith file it with the proceedings. Procedure on appeals. 135. Subject to the four last preceding rules, appeals to the High Court shall be regulated by the Rules of the High Court applicable thereto. Part III.—Proceedings From Act of Bankruptcy to Discharge. Division 1.—Declaration of Inability to pay Debts. Form of declaration. 136.—(1.) A declaration of a debtor of his inability to pay his debts shall be dated, signed, and witnessed, and shall be in accordance with Form 2, with such variations as circumstances require, and shall be notified in the Commonwealth Gazette. (2.) The witness shall be a solicitor, or justice of the peace, or a Commissioner for taking Declarations, or an Official Receiver or Registrar. Division 2.—Bankruptcy Notice. Court to issue notice. 137. A bankruptcy notice issued by the Court shall be in accordance with Form 5. Issue of notice. 138.—(1.) A creditor, desiring a bankruptcy notice to be issued shall produce to the Registrar an office copy of the judgment on which the notice is founded and file the notice, together with a request for issue, which shall be in accordance with Form 4. (2.) The creditor shall at the same time lodge with the Registrar two copies of the bankruptcy notice to be sealed and issued for service. Indorsement of address, &c. 139.—(1.) Every bankruptcy notice shall be indorsed with the name and place of business of the solicitor actually suing out the notice, or if no solicitor is employed, with a memorandum that it is sued out by the creditor in person. (2.) There shall also be indorsed on every bankruptcy notice an intimation to the debtor that if he has a counter claim, set off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment 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 any of the capital cities of the Commonwealth, the time shall be three days. (4.) In the case of a notice served elsewhere, the Registrar, when issuing the notice, shall fix the time. Application to set aside. 140.—(1.) The filing of the affidavit referred to in sub-rule (2.) of the last preceding rule shall operate as an application to set aside the bankruptcy notice, and thereupon the Registrar shall fix a day for hearing the application, and not less than three days before the day so fixed shall give notice thereof both to the debtor and the creditor, and their respective solicitors, if known. (2.) 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 Registrar 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. Duration of notice. 141. Subject to the power of the Court to extend the time, a bankruptcy notice shall be served within one month after the issue thereof. Service of notice. 142. 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. Setting aside notice. 143. 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 the notice.