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Bankruptcy summons.
(New: cf. 1872, s. 30 in pt.)
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8.—(1) A summons (in this Act referred to as a “bankruptcy summons”) may be granted by the Court to a person (in this section referred to as “the creditor”) who proves that—
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(a) a debt of £1,500 or more is due to him by the person against whom the summons is sought,
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(b) the debt is a liquidated sum, and
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(c) a notice in the prescribed form, requiring payment of the debt, has been served on the debtor.
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(2) A bankruptcy summons may be granted to two or more creditors who are not partners and whose debts amount together to £1,000 or more. In such a case, to comply with the requisitions contained in the summons a debtor must pay or compound for the debts or give security for them to all the creditors who are parties to the summons, unless they otherwise agree.
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(3) The notice requiring payment of the debt shall set out the particulars of the debt due and shall require payment within four days after service thereof on the debtor.
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(4) The bankruptcy summons shall be in the prescribed form.
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(5) A debtor served with a bankruptcy summons may apply to the Court in the prescribed manner and within the prescribed time to dismiss the summons.
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(6) The Court—
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(a) may dismiss the summons with or without costs, and
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(b) shall dismiss the summons if satisfied that an issue would arise for trial.
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