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Report No. 26

15. Procedure at the hearing of the petition.-(1) At the hearing of the debtor's petition, the court shall require proof that the debtor is entitled to present the petition:

Provided that he shall .....................for the purpose of proving his inability to pay his debts, be required to furnish only such proof as to satisfy the court that there are prima facie grounds for believing the same, and the court, if and when so satisfied, shall not be bound to hear any further evidence on the question of such inability.

(2) At the hearing of the creditor's petition, the court shall require proof of the following matters, namely:-

(a) that the creditor is entitled to present the petition;

(b) that the debtor, if he does not appear has been served with notice of the order admitting the petition; and

(c) that the debtor has committed the act of insolvency alleged against him, or, if more than one act of insolvency is alleged against him in the petition, some one of the acts of insolvency so alleged.

[Section 24(1), P.A.] [Cf. section 13(2), P.T.A. and 15(1), P.T.A., part.]



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