THE NEW ZEALAND GAZETTE.
805

disposed of in open Court, or all the contending | or he shall think sufficient to state the matter of appeal.
parties shall require any matter to be so heard and
disposed of, such matter shall be so heard and dis-
posed of, or, if part heard, shall be adjourned for
the purpose of being further heard and disposed of
in open Court.

PROCEEDINGS.

4. All notices gazetted in any liquidation under
   the Act, shall be headed by the Royal Arms, and by the
   words "Liquidation of Estate under 'The Debtors
   and Creditors Act, 1875,'" 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 all relate to estates in liquidation under the
   Act.

5. All proceedings in the Court whatsoever, taken
   under or by virtue of the Act or of these rules, in
   respect of which no specific provision is made to the
   contrary by the Act, shall be subject to the General
   Rules of the Court for the time being in force in
   relation to other proceedings in the Court of a like or
   similar nature.

6. In matters under the Act the proceedings may
   be in the several forms set forth in the schedule
   attached to these rules, or as near thereto as possible;
   and, where forms for any proceeding in such matters
   are not provided in the schedule, the forms required
   may be framed by the parties, using as guides those
   so provided as far as they are applicable.

7. All summouses, notices, orders, warrants, and
   other processes issued by the Court shall be sealed.
   All office copies of proceedings, books, papers,
   and writings, or any parts thereof, required by any
   trustee or by any debtor or creditor, or his or their
   solicitor, in any liquidation under the Act, shall be
   provided by the Registrar, and shall, except as to
   figures, be fairly written at length, and be sealed with
   the seal of the Court, and delivered out without any
   unnecessary delay and in the order in which they shall
   have been bespoken, and be charged and paid for at
   the rate of fourpence per folio of seventy-two words.

APPEALS.

8. Where any person desires to appeal in any liqui-
   dation from any resolution passed at a meeting of
   creditors, he shall; within fourteen days from the
   passing of the resolution, or from the date of the reso-
   lution to be appealed from, deliver to the Chairman
   of the meeting at which the resolution was passed
   a statement in writing, signed by himself or his
   solicitor, containing the grounds of his objection
   to the passing of the resolution, and notice of
   his intention to appeal against the same; and shall
   also within three days thereafter cause notice of such
   appeal to be served upon the trustee (if there shall
   be a trustee), and upon such other persons as the
   Court or a Judge thereof may direct, upon applica-
   tion made by either the party appellant, or the
   respondent, or by the trustee; and shall also, unless
   the Court or a Judge thereof on the ex parte
   application of the debtor otherwise order give
   security, with sufficient sureties to be approved by
   the Registrar, for the costs of the appeal and for
   the due prosecution thereof. After the service of
   such notice upon the chairman or trustee, no further
   step shall be taken in respect of the subject-matter
   of such resolution, so far as it shall or may affect the
   appeal.

9. The appeal shall be in the form of a case to be
   agreed on by the party appellant and the chairman
   of the meeting at which the resolution appealed from
   was passed, or by their solicitors; and if they cannot
   agree, the parties may apply to the Court or a Judge
   thereof, who shall have power to hear the parties in a
   summary way and settle the case in such form as it

10. If there shall be a trustee at the time of the
    passing of the resolution appealed against, he shall
    be and be deemed to be the respondent; and if there
    be no such trustee, then the chairman of the meeting
    at which the resolution was passed shall be the
    respondent. But no such trustee or chairman shall
    be personally liable for the costs of any appeal, or of
    the proceedings in consequence thereof.

11. The appeal shall be set down for hearing, and
    shall be heard and determined before the Court to
    which such appeal is made, at such times and in like
    manner as appeals in ordinary cases to such Court
    are heard and determined.

12. When the Court to which the appeal has been
    made has pronounced judgment, the original order
    of such Court shall be deposited with the Registrar
    of the Court, and be by him filed with the proceedings
    in the said liquidation; and within forty-eight hours
    from the time of such deposit the party in whose
    favour such order is made shall serve or transmit a
    notice thereof upon or to the opposite party or
    trustee, and such proceedings as may be necessary
    shall thereupon be taken by the trustee or the
    creditors.

PROCEEDINGS BY DEBTOR TO OBTAIN LIQUIDATION.

13. Any person desiring to summon a first meeting
    of his creditors by reason of his being unable to pay
    his debts shall, in the first place, file with the Regis-
    trar of the Court in which under the provisions of
    the Act the liquidation resolution would be filed a
    statement in the form (No. 1) in the Schedule hereto,
    which statement shall be signed by such person in
    the presence of and attested by a solicitor or a Justice
    of the Peace.

14. The Registrar shall forthwith deliver to the
    person filing such statement (hereinafter called the
    debtor) a certificate in the form (No. 2) in the
    Schedule hereto, to the effect that such statement has
    been filed, which certificate shall be signed and sealed
    by the Registrar, and shall bear date of the day on
    which such statement has been filed. The Registrar
    shall also state upon the certificate the place at
    which the meeting is to be held, such place being
    determined in accordance with these rules.

15. The debtor shall forthwith give notice in the
    Gazette of the filing of such statement, and shall by
    such notice summon a first meeting of his creditors.
    Such notice shall be in the form (No. 3) in the
    Schedule hereto or to the effect thereof. A copy of
    such notice shall be sent by the debtor to each of his
    creditors, to be left at or addressed by post to the
    last-known place of abode of each such creditor.

16. The first meeting shall be held at the prescribed
    place, and shall be called for a day not later than
    three days after the gazetting of the notice in the
    last preceding rule mentioned. Should the debtor
    fail or neglect to gazette notice calling the meeting
    within that time, then all proceedings shall lapse, and
    the debtor shall commence de novo.

PROCEEDINGS BY CREDITOR TO OBTAIN LIQUIDATION.

17. When a creditor is desirous of summoning a first
    meeting under the 20th section of the Act, he shall
    file an affidavit with the Registrar of the Court in
    which the liquidation resolution would be filed under
    the Act, setting forth (a) the number of creditors of
    the debtor with their addresses to the best of his
    information and belief; (b) the amount of his claim
    and the nature thereof, verifying the same; and (c)
    some or all of the grounds (as the case may be)
    mentioned in the said section upon which he intends
    to rely in his application for such order.
    He shall also give notice in writing that it is his