✨ 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.
-
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. -
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.
-
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. -
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. -
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. -
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.
-
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. -
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. -
Before any sequestrator or trustee shall dispose
of an insolvent estate, he shall first communicate with
the Inspector and obtain his sanction thereto. -
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. -
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. -
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. -
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. -
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. -
Every trustee being thereto instructed by the
Inspector shall, after the declaration of any final
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⚖️
New Regulations for Winding Up Sequestered Estates
(continued from previous page)
⚖️ Justice & Law Enforcement21 May 1867
Debtors and Creditors Act, Regulations, Supreme Court, Insolvency, Registrars, Trustees, Inspectors
- Forster Goring, Clerk of the Executive Council
NZ Gazette 1867, No 34