or debtor, make a receiving order for the
protection of the estate. All receiving orders to be advertised in the
_London Gazette_ and locally.
1539. Petition.
A creditor (or creditors) cannot present a petition unless the debt
(or debts) amount to L50; the debt must be a liquidated sum, payable
now or at some future time; the act of bankruptcy on which the
petition is grounded must have occurred within _three months_ before
presentation of petition; and the debtor must be domiciled in, or
within a year before petition have resided in or had a place of
business in, England. No petition can, after presentment, be withdrawn
without leave of the Court. A creditor's petition must be accompanied
by affidavits verifying the statements therein.
1540. Official Receiver.
On a receiving order being made, the debtor's property vests in the
Official Receiver, who must summon a first meeting of creditors,
giving to each not less than seven days' notice of time and place in
the 'Gazette' and locally.
1541. The Meeting of Creditors.
The meeting of creditors summoned as above shall consider whether a
proposal for a composition or scheme of arrangement shall be
entertained, or whether the debtor shall be adjudged bankrupt, and the
mode of dealing with the debtor's property.
1542. Duties of Debtor.
The debtor must furnish the Official Receiver with a full statement of
his affairs in the prescribed form, verified by affidavit, and all
such information as the Receiver may require. This statement, if made
on a _debtor's petition_, must be submitted to the Receiver within
_three days_ of the date of the receiving order; if on a _creditor's
petition_, within _seven days_; or the debtor will be liable to be
adjudged bankrupt on petition to the Court by Receiver or creditor.
[A SWALLOW MAKES NOT SUMMER OR SPRING-TIME.]
1543. Public Examination.
Before any resolution or composition is approved by creditors, a
public examination of the bankrupt, on oath, must be held by the
Court, at which the Receiver must be present.
1544. Composition or Scheme of Arrangement.
The creditors may at their first meeting or any adjournment thereof,
by special resolution, entertain a composition or scheme of
arrangement, and if the same be accepted by the creditors, application
must be made to the Court to approve it, the Official R
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