804
THE NEW ZEALAND GAZETTE.
Name painted on stern
Whether any poop
Whether any quarter galleries
Whether a top-gallant forecastle
Name of chief officer
Number of officers and crew, including surgeon, if any
Bound from
to
and
Given under my hand and seal at
day of
18
this
Governor or Consul
[as the case may be].
(L.S.)

To the respective Flag Officers, Captains,
and Commanding Officers of Her
Majesty's ships, and to all others
whom it may concern.

Rules under "The Debtors and Creditors Act, 1875."

NORMANBY, Governor.

ORDER IN COUNCIL.
At the Government House, at Wellington, this
fourteenth day of December, 1875.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the 17th section of "The Debtors
and Creditors Act, 1875," it is enacted that
the Governor in Council, with the concurrence of at
least three of the Judges of the Supreme Court, may
frame rules

For regulating the practice and procedure of
the Court, whether as to any original or ap-
pellate jurisdiction under the said Act, and the
fees to be paid therein, and the several forms
of proceedings to be used in the said Court in
all matters under the said Act;

For regulating the proceedings at first and
other meetings of creditors, the notice to be
given thereof, and the places where the same
shall be held, and subject to the said Act the
mode of voting thereat, and the manner in
which proxies may be appointed and vote at
such meetings;

For prescribing the forms of notices to be given
under the said Act, whether before or after a
first meeting of creditors, the mode in which
the same shall be served, and what shall be
deemed sufficient service thereof;

For prescribing the costs and charges of soli-
citors at meetings held under the said Act, and
for the taxation and allowance of such costs;

For regulating the transference of proceedings
from one district to another, or from an
abolished or altered district to another; and

For all such other purposes as in the said Act
it is provided that rules may be made:

And by the said Act it is further enacted that
the rules may prescribe regulations as to the proving
and amending of proofs of debt, as to valuing of any
debts provable under the said Act, as to the valua-
tion of securities held by creditors, as to the giving
or withholding interest or discount on or in respect of
debts or dividends, and as to any other matter or
thing, whether similar or not to those above enume-
rated, in respect to which it may be expedient to
make rules for carrying into effect the object of the
said Act:

And that any or all of such rules may be repealed,
varied, or altered, as occasion may require; and all
rules made under the powers thereby given shall be
promulgated by and take effect from a day to be
fixed in and by such rules; and all such rules, and
any repeal, variation, or alteration thereof, shall
respectively be published in the New Zealand Gazette :

And further, that until rules have been made in
pursuance of the said Act, and so far as such rules do
not extend, the principles, practice, and rules on
which the Supreme Court has theretofore acted in
dealing with bankruptcy proceedings should be ob-
served:

Now therefore, His Excellency the Governor, in
exercise and pursuance of the power and authority
vested in him by the said Act, and by and with the
advice and consent of the Executive Council of the
Colony of New Zealand, and with the concurrence of
JAMES PRENDERGAST, ALEXANDER JAMES JOHNSTON,
and JOSHUA STRANGE WILLIAMS, Esquires, three
Judges of the Supreme Court of the said colony,
doth hereby frame and prescribe the rules herein-
after set forth as the rules for the purposes of the
said Act, that is to say,-

RULES.

DEFINITION OF TERMS.

1. In the construction of these rules and forms,
   words importing the singular number shall include the
   plural, and words importing the plural number shall
   include the singular number; and words importing the
   masculine gender shall include females; and the fol-
   lowing terms shall (if not inconsistent with the con-
   text or subject-matter) have the respective meanings
   hereinafter assigned to them, that is to say,--

"The Act" shall mean "The Debtors and Credi-
tors Act, 1875."

"Court" shall mean the Court having jurisdic-
tion in the matter.

"Judge" shall mean the Judge, and in the case
of a District Court, a lawfully appointed
Deputy Judge of any such Court.

"Registrar" shall mean a Registrar or any
Deputy Registrar of any such Court; and in
the case of a District Court, the Clerk of such
Court.

"Liquidation" shall mean and include all pro-
ceedings taken and acts done for the purpose
of putting the estate of a debtor in liquidation
under the said Act.

"Creditor" shall include a firm of creditors in
partnership.

"Debtor" shall include a firm of debtors in part-
nership.

"Solicitor" shall mean any solicitor entitled to
practise in any such Court.

"Name" of any person shall mean both the
Christian name, or the initial letter or
contraction of the Christian name, and the
surname of such person.

"Affidavit" shall include statutory declarations
and affirmations; and the word "sworn" shall
include declaring and affirmed according to
statute.

"District" shall, where used with reference to a
District Court, mean the district of such
Court for purposes of jurisdiction under the
Act.

"Gazetted" shall mean that the notice or thing
is to be published in the Gazette.

"Sealed" shall mean sealed with the seal of the
Court.

And, unless there be something in the context
inconsistent therewith, the provisions of sec-
tions 4 and 5 of the Act shall apply to these
rules.

2. These rules shall be promulgated by and take
   effect from the first day of January, one thousand
   eight hundred and seventy-six.

SITTINGS IN CHAMBERS.

3. Any matter may be heard and disposed of in
   Chambers by a Judge. Where the Judge shall be
   of opinion that any matter ought to be heard and