416
THE NEW ZEALAND GAZETTE,
judgment, or before such further period as the Court,
at the time of granting the rule nisi, shall direct.
GEORGE ALFRED ARNEY, C.J.,
ALEXANDER J. JOHNSTON,
H. B. GRESSON,
C. W. RICHMOND.

30th July, 1870.

SUPREME COURT OF NEW ZEALAND.
JULY, 1870.

General Rules as to Fees under "The Lunatics
Act, 1868."

BY virtue of the provisions of "The Lunatics Act,
1868," we the undersigned Judges of the Supreme
Court do hereby order that the following General
Rule shall come into and be in force from the date
hereof:-

The scale of fees in force from time to time with
respect to other proceedings in the Supreme Court,
shall be applied where applicable to proceedings in
that Court under "The Lunatics Act, 1868," and the
same fees shall be payable in respect hereof.

30th July, 1870.
GEORGE ALFRED ARNEY, C.J.,
ALEXANDER J. JOHNSTON,
H. B. GRESSON,
C. W. RICHMOND.

SUPREME COURT OF NEW ZEALAND.
JULY, 1870.

General Rules under "The Bankruptcy Act, 1867,"
and "The Bankruptcy Act Amendment Act, 1868."

BY virtue of the provisions of "The Bankruptcy
Act, 1867," and "The Bankruptcy Act Amendment
Act, 1868," we, the undersigned Judges of the
Supreme Court, do hereby order that the following
General Rules shall come into and be in force on and
after the 1st day of October, 1870:-

1. All notices gazetted in any newspaper by any
   debtor, having filed his declaration of insolvency, or
   by any bankrupt, their or his Solicitor or Agent in
   the matter of the insolvency or bankruptcy, shall be
   headed by the Royal Arms, and by the words "In
   Bankruptcy," in letters larger than those adopted in
   the body of the notice so gazetted; but one heading
   shall be sufficient for a column of notices if they are
   all in bankruptcy.

2. All bills referred for taxation by a Judge of a
   District Court to the Registrar or Taxing-Master of
   the Supreme Court, shall be referred by order signed
   by such Judge, and sealed with the Seal of such Dis-
   trict Court.

3. All taxations and settlements of charges, fees,
   and disbursements held and made under the provi-
   sions of the Acts, shall be by order of Court, for that
   purpose to be first obtained upon application to a
   Judge of the Supreme Court, or of the District Court
   before which the matter of the bankrupt estate shall be
   under course of administration.

4. A copy of such order shall be served upon such
   persons and in such manner as the Judge shall in
   each case direct.

5. An appointment for taxation may be obtained
   and served, and the taxation shall be conducted in
   accordance with the general rules of practice and
   procedure affecting taxation of costs between party
   and party which shall for the time being be in force
   in the Supreme Court.

6. The Registrar or Taxing Officer shall in his
   taxation be guided by the scale of charges, fees,
   allowances to witnesses and otherwise, and disburse-
   ments allowed upon taxation in bankruptcy in Eng-
   land, so far as the same may be suitable to the
   circumstances of this Colony; and where the same
   may be unsuitable, by the scale of costs, charges, fees,
   and disbursements allowed upon taxation in civil
   proceedings in the Supreme Court: Provided that
   the following fees shall be charged and payable :-

Filing Declaration of Insolvency
Filing Petition by Creditor for adjudi-
cation
Filing any Deed of Arrangement be-
tween any Debtor and his Creditors
£ s. d.
2 0 0
2 0 0
4 0 0

7. Any person desiring to appeal in any bank-
   ruptcy from the decision of a Judge of a District
   Court shall, within twenty-one days from the date of
   the decision or order to be appealed from, deliver to
   the Clerk a statement in writing signed by himself,
   his Counsel, Solicitor or Agent, containing the
   grounds of his objection to such decision, and notice
   of his intention to appeal against the same; and
   shall also within three days thereafter, or such other
   time as the Judge of the District Court may direct,
   give notice of such appeal to the Trustee and such
   other person interested as the District Judge shall
   direct; and shall also give security, to be approved
   by the Clerk of the Court, for the costs of the appeal,
   and for the amount, if any, which the Appellant may,
   by such decision, have been ordered to pay.

8. Such notice of appeal shall be in writing, and
   shall state the grounds on which the party appeals,
   and shall be signed by the Appellant, his Solicitor or
   Agent, and such notice shall be delivered to the
   Clerk of the District Court, to be by him filed with
   the proceedings in the bankruptcy, and a duplicate
   thereof shall be served on the Trustee and such
   persons as the Judge may direct.

9. Such appeal shall be in the form of a case
   agreed on by both parties, or their Solicitors; and if
   they cannot agree, the Judge of the District Court,
   upon being applied to in that behalf, shall settle the
   case, and such case shall be transmitted by the
   Appellant to the Registrar of the Supreme Court.
   Provided that if the appeal shall be on matter of fact,
   the case shall contain a duly verified statement of
   the evidence taken before the District Court Judge,
   so far as the same shall relate to the matter of fact
   determined by his decision.

10. All cases on appeal from any District Court
    shall, unless the Judge shall otherwise order, be
    presented to him for his approval and signature, on
    the earliest practicable occasion which shall happen
    after the grounds of objection to the decision shall
    have been lodged, and shall then, or as soon after-
    wards as the case shall be approved, be signed by the
    Judge, and be sealed with the seal of the District
    Court; and when signed and sealed, a copy thereof
    shall be served by the Appellant on the Trustee or
    Respondent, or both, as the Judge shall direct,
    within forty-eight hours from such signing and
    sealing, or as soon thereafter as shall be practicable.

11. The Appellant shall, within forty-eight hours
    after the case is signed and sealed, or as soon after
    as shall be practicable, transmit the same to the
    Registrar of the Supreme Court, and notice of such
    transmission shall be served on the Respondent and
    Trustee; in default whereof, the Respondent shall, on
    application to the Court below, be entitled to such
    costs as he shall have incurred in consequence of the
    Appellant's proceedings, which costs shall be added
    to the amount, if any, which the Appellant may have
    been ordered to pay.

12. The appeal shall be set down for hearing, and
    shall be heard and determined before the Supreme
    Court at such time and in like manner as other
    appeals from a District Court.

13. When the Supreme Court has pronounced
    judgment, either party may deposit the original order
    of such Court, or an office copy thereof, with the
    Clerk of the District Court, to be by him filed with
    the proceedings in the said Bankruptcy; and within