Winding Up Estate Regulations




THE NEW ZEALAND GAZETTE.
255

Debtors and Creditors Act, 1862," and "The Debtors
and Creditors Act Amendment Act, 1865." And
whereas by an Order in Council made the sixteenth
day of June, one thousand eight hundred and sixty-
six, certain variations and alterations were made in
the regulations by the said first in part recited
Order in Council, made and put into force as
aforesaid.

And whereas it is expedient to rescind the said
regulations so made and put into force as aforesaid
by the said in part recited Order in Council of the
twenty-third day of May, one thousand eight hundred
and sixty-six, and varied and altered by the said in
part recited Order in Council of the sixteenth day
of June, one thousand eight hundred and sixty-six,
and to make and put into force other regulations
for the conduct of business under the said in part
recited Acts:

Now therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of the Colony, in pursuance and in exercise
of the said power and authority for this purpose
vested in him, doth hereby rescind the said regula-
tions by the said in part recited Order of the twenty-
third day of May, one thousand eight hundred and
sixty-six, made and put into force as aforesaid, and
the alterations and variations thereof, and the varied
regulations by the said in part recited Order of the
sixteenth day of June, one thousand eight hundred
and sixty-six, declared, made and put into force, and
in further pursuance and in exercise of the powers
and authorities in him vested for this purpose, doth
hereby make and put into force the following regu-
lations for the conduct of business under the said
"Debtors and Creditors Act, 1862," and the said
"Debtors and Creditors Act Amendment Act, 1865,"
by Registrars of the Supreme Court, sequestrators,
trustees, inspectors, receivers, attorneys and solicitors,
agents, auctioneers and other persons employed in
in the management or winding up of intestate
estates.

FORSTER GORING,
Clerk of the Executive Council.

I.—Registrars.

  1. It shall be the duty of every Registrar to for-
    ward notices to every sequestrator or trustee appointed
    by the Court, informing him of his appointment, and
    requiring from him an intimation as to whether he
    will accept the office or decline it; and should any
    such sequestrator or trustee refuse or neglect to
    accept the office within a reasonable period, it shall
    be the duty of the Registrar to report the same to
    the Supreme Court.

  2. Every Registrar shall, immediately after the
    filing of a petition and schedule, furnish to the
    Inspector in Bankruptcy a copy of the same, as well
    as a notice of the registration of any deed or instru-
    ment registered in the Supreme Court under the
    provisions of the Debtors and Creditors Acts, contain-
    ing the date of the deed, the date of registration, and
    the names of the parties to the said deed, so far as
    such names appear therein.

II.—Inspectors.

  1. Every Inspector shall keep a book of register,
    as well as a book that shall show a statement of all
    receipts and expenditure relating to the several estates
    under administration, which books shall be open
    during office hours for the inspection of any creditor
    who has proved his debt, and shall be in the Forms
    1 and 2 prescribed in the Schedule hereunto annexed.

  2. When any Inspector shall issue a summons for
    the attendance of any debtor, sequestrator, trustee,
    receiver, attorney, solicitor, agent, auctioneer, or other
    person employed in the management or winding-up
    of a sequestered estate, it shall be in the Form B.
    prescribed in the Schedule hereunto annexed.

  3. Before payment of costs, charges, or expenses,
    by any sequestrator or trustee, an account of them
    shall be submitted for approval to the Inspector, who
    may certify to the same.

  4. Every Inspector shall, at the expiration of each
    calendar month, forward to the Colonial Treasurer or
    the Sub-Treasurer of his district, a statement showing
    the amount of fees payable by sequestrators or
    trustees upon the assets realized each month in
    respect of the estates under his inspection, such state-
    ment to be in the Form C. prescribed in the Schedule
    hereunto annexed.

III.—Sequestrators, Trustees, Etc.

  1. Every interim sequestrator, sequestrator, or
    trustee, shall, immediately after the date of his
    appointment as sequestrator or trustee of any estate,
    place himself in communication with the Inspector,
    and shall also lodge with the said Inspector, within
    seven days after appointment, an inventory of all the
    real and personal property of the insolvent, with the
    valuation of the same, as well as a list of the books
    and documents connected with the estate of the said
    insolvent: Provided however, on cause shown, the
    Inspector may grant an extension of the last-
    mentioned term.

  2. Every trustee shall, within a period of three
    months immediately succeeding appointment, furnish
    to the Inspector a detailed account of receipts and
    expenditure 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 infor-
    mation as may be likely to affect the position of the
    estate. All further accounts shall be furnished within
    three months after the date of the immediately
    preceding account.

  3. Before any sequestrator or trustee shall dispose
    of an insolvent estate, he shall first communicate with
    the Inspector and obtain his sanction thereto.

  4. Every trustee before commencing 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.

  5. Every sequestrator shall, on or before the fifth
    day after the expiration of every calendar month, pay
    into the Colonial Treasury the fees payable under
    section twenty-eight of "The Debtors and Creditors
    Act Amendment Act, 1865," and trustees shall, within
    three months from the date of their appointment, pay
    into the Colonial Treasury all fees due on assets
    realized during the last aforementioned period, and
    all subsequent payments shall be made within the
    time prescribed by section number eight of these
    Regulations.

  6. In the event of any meeting of the creditors in
    any estate being convened otherwise than under and
    by virtue of a rule or order of the Supreme Court or
    any Judge thereof, it shall be the duty of such
    sequestrator or trustee to give to the Inspector at
    least one clear day's notice in writing of such meeting
    having been convened, stating the time and place for
    holding the same, as well as the business to be con-
    sidered at such meeting.

  7. Before the declaration of any dividend by the
    sequestrator or trustee of any estate, the accounts of
    the estate shall first have been examined and audited
    by the Inspector, and sanction obtained as to the
    payment of a dividend.

  8. Before the payment of any dividend at least
    ten days' notice of the same shall be given by all
    trustees, and such notice shall be published in one of
    the local newspapers.

  9. Every trustee being thereto instructed by the
    Inspector shall, after the declaration of any final



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VUW Te Waharoa PDF NZ Gazette 1867, No 34





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⚖️ New Regulations for Winding Up Sequestered Estates (continued from previous page)

⚖️ Justice & Law Enforcement
21 May 1867
Debtors and Creditors Act, Regulations, Supreme Court, Insolvency, Registrars, Trustees, Inspectors
  • Forster Goring, Clerk of the Executive Council