Court Rules and Fees




162
THE NEW ZEALAND GAZETTE.
the Court or a Judge to order that such ques-
tions 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 meet-
    ing.

  3. At least three days' notice of the place
    and time (specifying the day and hour) of
    every such meeting shall be given by adver-
    tisement 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 ap-
pointed 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 the
    meeting unless the same is carried by the votes
    of one-fourth in number or value of the credi-
    tors who shall have proved their debts or
    claims.

  2. Proxies shall not be recognized unless
    appointed by some writing under the hand of
    the constituent creditor, which shall be in-
    spected by the chairman and authenticated to
    his satisfaction.

  3. The number of votes to be assigned to,
    and exercised by, each creditor shall be ac-
    cording to the following scale :--In respect of
    a proved debt or claim,
    Exceeding £10, and not amounting to £50, 1 vote
    Amounting to £50, " £100, 2 votes
    " £100, 3 votes
    " £200, four votes,
    and so on, at the rate of one additional vote
    for every complete sum of £100 over and above
    the first £100: Provided that no creditor shall
    be entitled to more than twelve votes in the
    whole.

  4. Only one of several joint creditors shall
    in respect of the joint debt or claim be entitled
    to vote and take a part in the proceedings at
    any meeting.

  5. No creditor having any mortgage, lien,
    or other specific security upon any property of
    the debtor shall, in respect of the debt so secured,
    be entitled to vote or take a part in the pro-
    ceedings at any meeting, unless he shall give
    up such mortgage, lien, or other security, for
    the general benefit of the creditors: Provided
    that where any such security shall have been
    realized, and shall have been insufficient to pay
    the debt in full, the creditor may in respect of
    the deficiency, and on proof thereof, be entitled
    to vote and take a part in the proceedings at
    every such meeting.

  6. A chairman shall be appointed, and shall
    preside at every meeting, and he shall have a
    casting vote in addition to his original vote or
    votes.

  7. Minutes of the proceedings of every
    meeting shall be taken, and shall be signed by.
    the chairman, who shall forthwith file the same
    in the Supreme Court.

  8. Meetings may be adjourned from time
    to time, and from place to place.

(Signed)

GEORGE ALFRED ARNEY, Ch. J.
ALEXANDER J. JOHNSTON, Judge.
H. B. GRESSON, Judge.
C. W. RICHMOND, Judge.

SUPREME COURT OF NEW ZEA-
LAND.

"The Debtors and Creditors Act, 1862."

B
Y virtue of the powers vested in us by
"The Debtors and Creditors Act, 1862,"
we, the Judges of the Supreme Court, do
hereby settle the following Table of Fees and
Scale of Allowances to Witnesses:-

Table of Fees.

Filing Petition for sequestration
under the Act by Debtor or
Creditor........................ £1 0 0

And for all other proceedings the same Fees
as are, or may be, payable in respect of other
proceedings in the Supreme Court of the like
nature.



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VUW Te Waharoa PDF NZ Gazette 1863, No 16





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⚖️ Rules and Table of Fees for Proof of Debts and Meetings under Debtors and Creditors Act (continued from previous page)

⚖️ Justice & Law Enforcement
Supreme Court, Rules, Debtors and Creditors Act, Meetings of Creditors, Fees, Witnesses, Sequestration
  • GEORGE ALFRED ARNEY, Chief Justice
  • ALEXANDER J. JOHNSTON, Judge
  • H. B. GRESSON, Judge
  • C. W. RICHMOND, Judge