Insolvency Regulations Text




208 THE NEW ZEALAND GAZETTE.

  1. Every sequestrator or trustee shall at the
    expiration of each calendar month furnish to the
    Inspector a detailed account of receipts and ex-
    penditure in any estate which he may hold in trust,
    together with a statement of the balance then in the
    Bank belonging to such estate, with such other
    information as may be likely to affect the position of
    the estate.
  2. Before any sequestrator or trustee shall
    dispose of an insolvent estate, he shall first com-
    municate with the Inspector and obtain his sanction
    thereto.
  3. Every sequestrator or trustee before com-
    mencing an action at law with reference to matters
    having relation to any estate held in trust by him,
    shall first communicate his intention so to do to the
    Inspector, and obtain his sanction thereto.
  4. Every sequestrator or trustee shall, on or
    before the fifth day after the expiration of every
    calendar month, pay into the proper funds the fees
    payable in respect of assets realized during the
    preceding month under section thirty-nine of "The
    Debtors and Creditors Act, 1862," and section
    twenty-eight of "The Debtors and Creditors Act
    Amendment Act, 1865."
  5. In the event of any extraordinary meeting of
    the creditors in any estate being called by the
    sequestrator or trustee, it shall be the duty of such
    sequestrator or trustee to notify the same to the
    Inspector, stating the date and place of meeting.
  6. Before the declaration of any dividend by the
    sequestrator or trustee of any estate, the accounts
    of the estate shall first have been examined by the
    Inspector, and sanction obtained as to the payment
    of a dividend.
  7. Every trustee shall, after the expiration of the
    date for the final winding up of the estate, pay into
    the Colonial Treasury all unclaimed dividends to the
    credit of a fund to be called "The Unclaimed Divi-
    dend Fund," to be withdrawn by the parties entitled
    thereto, upon the production of a certificate from the
    Inspector in Bankruptcy acting for the estate.
  8. The final account of any sequestrator or trustee
    shall be duly verified upon oath.
  9. Every sequestrator or trustee, receiver,
    attorney, solicitor, agent, auctioneer, or other person
    employed in the management or winding up of
    sequestered estates, who shall receive an order from
    the Inspector shall comply with the same.
  10. Every sequestrator or trustee shall keep
    possession of all the books of an insolvent debtor
    until the final winding up of the estate, when the
    said books shall be lodged with the Inspector; and in
    the event of the estate of any insolvent debtor being
    sold by a sequestrator or trustee, the books of such
    debtor shall be lodged with the Inspector, who shall,
    upon an order signed by a sequestrator or trustee,
    permit the temporary use, for the purpose of proof of
    debts, of any of the said books; and, in like manner,
    shall permit the person purchasing the said estate to
    make any extract from the said books which he may
    require. Books thus obtained under order of the
    trustee shall, at the expiration of the time during
    which their use was requested, be returned forthwith
    to the Inspector.
  11. Whenever any creditor in the estate of an
    insolvent debtor shall reside outside the Colony, the
    sequestrator or trustee shall give due notice to such
    creditor that a certain time has been appointed for
    proof of debts, and no dividend shall be declared until
    the expiration of that period.
    IV.—General.
  12. In the event of no distinct provision being
    made by the creditors, by deed, for the payment of
    commission to sequestrators and trustees, then the
    maximum sum of five per cent. shall be payable to
    sequestrators or trustees as a remuneration for ser-
    vices rendered in the realization of any sequestered
    estate; but the Inspector shall have power upon
    examination as to the character of the services so
    rendered, to make an order for the payment of a
    lesser amount of commission to the sequestrators or
    trustees the minimum amount of which shall not be
    under two and a half per cent.
  13. Every debtor shall, immediately upon filing his
    petition, furnish the Inspector with correct informa-
    tion as to his place of abode, and shall, in case he
    shall at any time change such place of abode before
    his final discharge, report the same to the Inspector.
  14. Every debtor shall attend, whenever required
    by the Inspector, for the purpose of assisting in the
    realization of the estate.
  15. Persons disobeying these Regulations shall be
    liable for every offence to a penalty not less than ten
    shillings nor more than one hundred pounds.

SCHEDULE.

Form A.

REGISTER of Insolvent Estates.

Number. Name of Insolvent. Occupation and Residence. Assets. Liabilities. Sequestrator. Trustee. Trustee, how appointed. First Hearing. Second Hearing. Third Hearing. Special Hearing. Date of Insolvent's Discharge. Remarks. Folio.

Form B.

Under "The Debtor and Creditors Act, 1862," and "The
Debtor and Creditors Act Amendment Act, 1865."

SUMMONS.

In the Estate of _____

You are hereby required to attend at on the
day of 18 at the hour of __ in the noon,
before me, to give any explanation or information that may be
required of you in reference to the above Estate and then and
there have and produce _____ and all other papers and books
and accounts relating to the said Estate which may be in your
custody, possession, or power.

In default of your attendance you will be liable to penalty
imposed by the 25th section of "The Debtors and Creditors Act
Amendment Act, 1865."

To _____

Inspector in Bankruptcy.

N.B.—The penalty is a fine of any sum not exceeding £100
for every offence.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1866, No 30





✨ LLM interpretation of page content

⚖️ Continuation of Regulations regarding Sequestrators and Trustees (continued from previous page)

⚖️ Justice & Law Enforcement
23 May 1866
Insolvency procedure, Sequestrator duties, Trustee duties, Debtor obligations, Commission fees, Estate realization, Court forms