Court of Appeal Rules and Debtors and Creditors Act Regulations




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parties shall forthwith submit the same for approval to a Judge at Chambers, who shall give directions for the amendment of the same, if he shall be of opinion that the same is in any way defective.

  1. In all cases, unless a Judge at Chambers shall otherwise order, there shall be transmitted to the Registrar of the Court of Appeal along with, and as part of the special case, a copy of the record and a copy of the Judge's notes of the trial and of the finding of the Jury where a trial has taken place, and a copy of all affidavits and documentary evidence used in the Court below.

  2. A copy of the special case and of the documents in the last rule mentioned shall be forwarded by the Appellant to each of the Judges of the Court of Appeal within a certain period, to be specified by the Judge who approves of the case, at the time of such approval.

COSTS.

  1. The costs to be allowed on taxation as between party and party shall be on the same scale as in the Supreme Court, except as hereinafter mentioned.

  2. The fees to be allowed to Counsel shall be on a more liberal scale than in the Supreme Court:—In each case, fees for two Counsel, at least, shall be allowed; and to one of the Counsel, if usually resident at any place other than that where the Court of Appeal shall sit, a liberal brief fee and refreshers shall be allowed, besides reasonable cost of maintenance and travelling expenses for each day during which he shall be necessarily absent from his usual place of abode for the purpose of attending the Court of Appeal.

If the same Counsel, not resident at the place where the Court is held, appear in several cases, his allowance for maintenance and travelling expenses shall be equally divided, and the proper proportion allowed in respect of each case.

GEORGE ALFRED ARNEY,
Chief Justice.
ALEXANDER J. JOHNSTON,
Judge.
H. B. GRESSON, Judge.
C. W. RICHMOND, Judge.
G. G. Gazette, No. 15, May 4, 1863.

SUPREME COURT.

"The Debtors and Creditors' Act, 1862."

BY virtue of the powers vested in us by the Debtors' and Creditors' Act, 1862, it is ordered by us, the Judges of the Supreme Court, That the following Rules shall be in force on and after the 1st day of June, 1863:—

I. PROCEEDINGS IN THE SUPREME COURT.

Proof of Debts.

Debts and claims of Creditors under the said Act shall be proved by affidavit.

Any such proof may be contested upon motion or summons made or taken out for the purpose, by or on behalf of any Trustee or Trustees of the Debtor's estate, or by or on behalf of any two or more Creditors, who shall have each proved debts or claims against the Debtor's estate to the amount of £20 or upwards; and the Court or Judge, if of opinion that the debt or claim is not a just one, either wholly or in part, shall disallow the same either wholly or in part, as the case may require.

Provided, that in cases in which there shall be questions of fact in dispute between the parties or any of them, it shall be lawful for the Court or a Judge to order that such questions be raised in the form of issues, and be tried by a full Jury or at minor Jury sittings, in the same manner as issues joined in an ordinary action; and upon such trial (unless specially ordered to the contrary) the proving Creditors shall be the Plaintiff, and the said Trustee or Trustees, or the contesting Creditor or Creditors, shall be the Defendant or Defendants.

General.

All proceedings in the Court whatsoever, taken under or by virtue of the said Act, or of these Rules, in respect of which no specific provision is made to the contrary by the said Act, shall be subject to the General Rules of the Court for the time being in force in relation to other proceedings in the Court of a like nature.

II. MEETINGS OF CREDITORS.

  1. Meetings of Creditors shall be convened either by the Trustees or Trustee of the Debtor's estate, or in pursuance of a rule or order of the Court or a Judge.

  2. Any Creditor may apply to the Court or a Judge for a rule or order convening a meeting.

  3. At least three days' notice of the place and time (specifying the day and hour) of every such meeting shall be given by advertisement in some local newspaper.

  4. The business to be transacted at any meeting convened in pursuance of a Rule or Order of the Court, or a Judge may be defined by such Rule or Order, in which case no other business shall be transacted at the meeting, or at any adjournment thereof.

  5. No person shall be entitled to vote or take a part in any proceeding at any such meeting unless and until he shall have duly proved a debt or claim against the estate to an amount exceeding £10.

  6. No business shall be transacted at any such meeting unless there shall be there present, personally or by proxy, one-fourth in number or value of the creditors who shall have proved their debts or claims.

If within half an hour from the time appointed for the meeting there is not a quorum, the meeting shall be dissolved, unless convened in pursuance of a Rule or Order, in which case it shall stand adjourned till the following day, at the same place and hour; and if at such adjourned meeting there is no quorum within half-an-hour from the time of meeting, the meeting shall be adjourned sine die.

  1. All questions shall be determined by a majority of the votes of the Creditors present, personally or by proxy: Provided that no resolution shall be deemed to be adopted by


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Online Sources for this page:

PDF PDF Canterbury Provincial Gazette 1863, No 7





✨ LLM interpretation of page content

⚖️ General Rules of the Court of Appeal regarding affidavits and cases (continued from previous page)

⚖️ Justice & Law Enforcement
Court of Appeal, Affidavits, Practice and Procedure, Legal Rules, Costs, Counsel Fees
  • George Alfred Arney, Chief Justice
  • Alexander J. Johnston, Judge
  • H. B. Gresson, Judge
  • C. W. Richmond, Judge

⚖️ Rules under the Debtors and Creditors Act, 1862

⚖️ Justice & Law Enforcement
Debtors and Creditors Act, Supreme Court, Legal Rules, Proof of Debts, Creditors Meetings