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.