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Public Examination of Debtor

court, time and affairs

PUBLIC EXAMINATION OF DEBTOR. When a receiving order has been made, the debtor must, within three clays, if the order is made on the debtor's petition, or within seven days, if made upon the petition of a creditor, submit a statement of his affairs to the official receiver. (See RECEIVING I inoEn.) As soon as convenient after he expiration of the time for delivery of the statement, the Court shall hold a public sitting for the examination of the debtor. Section 17 of the Bankruptcy Act, 1883, is as follows : " (11 Where the Court makes a receiv ing order it shall hold a public sitting, on a clay to he appointed by the Court. for the examination of the debtor, and the debtor shall attend thereat, and shall be examined as to his conduct, dealings, and property.

" (2) The examination shall be held as soon as conveniently may be after the expiration of the time for the sub mission of the debtor's statement of affairs.

" (3i The Court may adjourn the examina tion from time to time.

"(4) Any creditor who has tendered a proof, or his representative authorised in writing, may question the debtor concerning his affairs and the causes of his failure.

" (5) The official receiver shall take part in the examination of the debtor ; and for the purpose thereof, it specially authorised by the Board of Trade, may employ a solicitor with or without counsel.

" (6) If a trustee is appointed before the conclusion of the examination he may take part therein.

" (7) The Court may put such questions to the debtor as it may think expedient.

" (S) The debtor shall be examined upon oath, and it shall he his duty to answer all such questions as the Court may put or allow to be put to him. Such notes of the examination as the Court thinks proper shall be taken down in writing, and shall be read over to and signed by the debtor, and may thereafter be used in evidence against him ; they shall also be open to the inspection of any creditor at all reasonable times.

" (9) When the Court is of opinion that the affairs of the debtor have been suffi ciently investigated, it shall, by order, declare that his examination is concluded, but such order shall not be made until after the day appointed for the first meeting of creditors." (See BANKRuPTcY.'