Div 2Creditors’ Petitions.

Division 2.—Creditors’ Petitions.

Amount of deposit by petitioning creditor.

11. For the purposes of sub-section (1.) of section 48 of the Act, the amount is Twenty dollars.

Procedure for presentation of petition.

12.—(1.) A creditor may present a petition seeking the making of a sequestration order against the estate of a debtor by filing the petition in the office of a Registrar in Bankruptcy.

(2.) A petition shall be in accordance with Form 5 and shall have attached to it, or written on it, a note, for signature by the Registrar, in accordance with Form 6.

(3.) At the time when a petition is filed, the petitioning creditor shall—

(a) furnish to the Registrar for sealing so many copies of the petition as are required for service and for annexure to any affidavits of service;

(b) file the affidavit verifying the petition required by paragraph (b) of sub-section (1.) of section 47 of the Act; and

(c) if an act of bankruptcy on which the petition is founded is that referred to in sub-paragraph (ii) of paragraph (d) of sub-section (1.) of section 40 of the Act—file an affidavit of a person who has knowledge of the facts stating that the writ or warrant of execution relating to the act of bankruptcy has been returned unsatisfied and having annexed to it a sealed or certified copy of that writ or warrant of execution, being a sealed or certified copy that has written on it a sealed or certified copy of the return to the writ or warrant.

Copies of petition for service.

13.—(1.) Where a petition is filed, the Registrar shall—

(a) fix a date, time and place for the hearing of the petition;

(b) cause particulars of the date, time and place so fixed to be inserted in the note attached to each copy of the petition that is furnished to the Registrar in accordance with paragraph (a) of sub-rule (3.) of the last preceding rule and sign that note; and

(c) return each of those copies to the petitioning creditor.

(a) a petition has not been served on any debtor; and

(b) the petition has not lapsed under sub-section (4.) of section 52 of the Act,

the Registrar may alter the date, time and place fixed for the hearing of the petition.

(3.) Subject to rule 23 of these Rules, where the Registrar alters the date, time and place fixed for the hearing of a petition, he shall alter the note containing particulars of the date, time and place so fixed that is attached to each copy of the petition furnished to him in accordance with paragraph (a) of sub-rule (3.) of the last preceding rule.

Security for costs.

14.—(1.) This rule applies in relation to a petitioning creditor—