THE NEW ZEALAND GAZETTE. 417

forty-eight hours from the time of such deposit shall
serve or transmit a notice thereof upon or to the
opposite party and the Trustee : and such further
proceedings as may be necessary shall thereupon be
awarded or taken by the District Court.
14. The Provisional Trustee, upon his becoming
possessed as Receiver of any property of a debtor
filing his declaration of insolvency, shall forthwith
deliver to the Registrar a schedule of such property,
to be by the Registrar filed, deposited, and safely
kept with such declaration.
15. The debtor, immediately after filing in the
Court the list required by the 50th section of the
Act, shall deliver to the Trustee a copy of the
schedule of such debtor's liabilities and assets.
16. The Trustee, in the absence of directions
from the creditors in that behalf, shall, at the request
in writing of the bankrupt, or any creditor who has
proved his debt, call a meeting of creditors, to be
holden at such time and place as the Trustee shall
deem convenient.
17. Every Provisional and other Trustee shall
keep a minute book of his proceedings and transac-
tions in respect of the matter of each bankruptcy,
under a special head applicable thereto, and also a
book wherein shall be entered a statement of all his
receipts and disbursements relating to any estate
under his administration; which books shall be open
to inspection during office hours by any creditor who
has proved his debt, on payment of a fee of one
shilling.
18. Before declaring a dividend, the Trustee shall
call for vouchers of debts proved, and in case he shall
refuse to admit the claim of any creditor to the whole
or part of the debt claimed, the Trustee shall forth-
with give notice thereof to the creditor. If no
appeal against the decision of the Trustee shall by
such creditor be delivered to the Trustee within
eight days thereafter, or in cases where, by reason of
the distance of the creditor's residence from the
office of the Trustee, this shall not be practicable,
within such time as an exchange of posts will allow,
the Trustee shall rank such creditor for the amount
found by the Trustee to be due, and no more.
19. The statement of accounts to be filed by the
bankrupt in pursuance of the 112th section of the
Act shall in all cases comprise, first, a statement of
the assets and liabilities of the bankrupt as existing
on a day to be named for that purpose by the order
appointing the time for the bankrupt's last examina-
tion, or by some other order of the Court or a Judge,
such day to be not less than six calendar months
prior to the filing of the petition for adjudication;
secondly, a statement of every receipt, purchase,
profit, and acquisition by any means whatsoever, and
of every payment, sale, loss, loan, conveyance,
mortgage, settlement, execution, and other alienation
by act of the party or by act or operation of law,
and of every other transaction in anywise affecting
the amount or nature of the bankrupt's assets and
liabilities, which shall have been made or have taken
place during the period intervening between the day
so named as aforesaid, and the filing of the said
petition: Provided that every order of the Court or a
Judge respecting such account may from time to time
be varied.
20. In the absence of any special direction of the
Court, or a Judge, to the contrary, such statement of
accounts shall be filed at least ten clear days before
the day appointed for the bankrupt's last examina-
tion.
21. No creditor shall, without leave of the Court,
to be obtained upon affidavit of the cause of his
delay therein, be admitted to oppose the application
for the bankrupt's discharge, unless such creditor
shall have proved his debt at least one clear day
before the day fixed for the bankrupt's final examina-
tion.
22. In the event of no direction being given to
any Trustee at a duly constituted meeting of creditors
as to the bank in which trust moneys are to be kept
or lodged, they shall be kept and lodged in such
bank and to such account as shall be directed by the
Accountant in Bankruptcy.
23. The first audit under section 234 of the
accounts of the Trustee shall take place and com-
mence at the expiration of three calendar months
from the date of the order of Court confirming the
choice of such Trustee, and thenceforward such
audit shall take place quarterly: Provided that if
the first, or any such quarterly day, shall fall on a
Sunday or holiday, the audit shall take place on the
day next following, not being a Sunday or holiday.
24. The audit account of the Trustee shall be
made out in the ordinary form of a debtor and
creditor account, each item being entered according
to its date, and containing a full and specific account
of the transactions referred to by such item, and a
written voucher shall be produced in support of
every disbursement exceeding in amount forty
shillings, unless on application to the Court, or a
Judge, this requirement shall be dispensed with in
any particular case. The Trustee shall also produce
to the Auditor his bank pass-book, and shall verify
his account by affidavit filed, together with a copy of
such account, in the Supreme Court.
25. After every such audit, the Auditor, on passing
the account, shall sign a memorandum, duly intituled,
in the matter of the bankruptcy, in the following
form:---

Memorandum.—I, the undersigned, Super-
visor in the estate of A.B., a bankrupt, did,
at the time and place under mentioned, audit
the account of X.Y., Trustee of the said
estate, and I certify that the same appears to
be correct, and I find that there is now a
balance of £ to the credit of the said
estate at the [State the name of the bank in
which the balance shall be deposited], and [if the
case be so] £ in the hands of the
said Trustee. I also find that the unrealized
property of the bankrupt consists of [Here
state shortly particulars of the property, if
any]. Given under my hand at
, this
day of , 1870.

And such memorandum shall be filed forthwith by
the Trustee in the Supreme Court.
26. In all cases where the creditors shall fail to
elect a Trustee, the Trustee acting in lieu of such
elected Trustee shall receive for his remuneration,
together with the costs, charges, and expenses neces-
sarily incurred by him in connection with the estate,
a commission on all moneys received by him, after
the following scale :—

• On his first receipts up to £250 ... 8 P cent.
• On his next receipts after the first
  £250 up to £500 ... ... 6 P cent.
• On his next receipts after the first
  £500 up to £1,000 ... ... 4 P cent.
• On his next receipts after the first
  £1,000 up to £3,000 ... ... 2 P cent.
• On all further receipts after the first
  £3,000 ... ... ... 1 P cent.
  Provided that the percentage on the proceeds of the
  sale of property subject to any mortgage shall be
  calculated only on the surplus payable to the debtor's
  estate.

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