806
THE NEW ZEALAND GAZETTE.

intention to apply to the Court, on such day as may
be fixed by the Registrar, for an order under sub-
section 5 of the said section.

18. The Registrar shall thereupon issue a summons
    in the form (No. 4) in the Schedule hereto, or to the
    effect thereof, calling upon the debtor, within three
    days after service thereof upon him, to show cause
    why an order should not issue directing the creditor
    making the application, or such other person as the
    Court or Judge thereof may direct, to call a meeting
    of the creditors of such debtor.

19. A copy of such summons shall be served person-
    ally upon the debtor: Provided that if the debtor
    shall be absent from the colony, with intent to defeat
    or delay his creditors, or if it shall appear to the Court
    that reasonable efforts have been made to effect per-
    sonal service, and that the debtor cannot be found,
    then the Court or a Judge thereof may, in a summary
    way, and upon such evidence as it or he shall think
    sufficient, order that a copy of the summons shall
    be served at the last-known place of abode or business
    of the debtor.

20. If the proceedings are against more than one
    debtor, as members of a copartnership firm, service
    on one of the copartners at the office or place of
    business of the firm shall be deemed good service on
    all the copartners.

21. The summons shall be served at least one day
    before the day on which it is returnable, unless on
    sufficient grounds being shown the Court or a Judge
    thereof otherwise directs.

An affidavit of the service of a copy of the sum-
mons and the time and place of the service shall be
annexed to the original, and shall be filed in the
office of the Court.

22. The Court on hearing the application shall have
    full power either to adjourn the hearing or to dismiss
    the application, and may make such rule or order
    touching the proceedings at and the costs of such
    application as it may think fit.

23. The order to be made by the Court may be in
    the form No. 5 set forth in Schedule hereto, and shall
    fix the time and place of the first meeting, and shall
    be published in such local paper besides the Gazette
    as the Court may direct.

The Court may also, having regard to the evidence
adduced before it on the application, as to the pro-
bable number of creditors and the debts of the debtor
fix the place of meeting for the first meeting, and
such place shall be deemed to be the "prescribed
place" for the purposes of the Act: Provided that
when the debtor is absent from the colony, then the
application to fix such place must be made as herein-
after provided.

24. A copy of such order shall where practicable be
    forthwith served upon the debtor, either by deliver-
    ing the same personally or by leaving the same at
    his last-known or usual place of abode or business.

25. Where it is intended to obtain leave from the
    Court, under section 22 of the Act, to proceed in the
    liquidation in the absence of the debtor, an affidavit
    shall be filed setting forth the grounds on which
    the application for such leave is based, and if the
    same appear to the Court or Judge to be sufficient,
    the Court or Judge may forthwith issue the order.

26. Such order shall state the time and place of the
    meeting and shall be gazetted, and may be in the
    form (No. 6) set forth in the Schedule hereto.

MEETINGS, ETC.

27. Subject to the provisions of the Act and these
    Rules, no business shall be transacted at any ordi-
    nary meeting unless there shall be present personally
    or by proxy one-fourth in number or value of the
    creditors who shall have proved their debts or claims,
    and such number of creditors shall, unless the cre-
    ditors shall by special resolution otherwise deter-
    mine, be the quorum at all ordinary meetings:
    Provided that nothing herein contained shall be
    deemed to affect the provisions of the Act as to the
    number of creditors required to vote on the passing
    of the liquidation resolution.

28. First meetings shall be held at the following
    places, which shall be deemed to be the "prescribed
    place" for the purposes of the said Act, that is to
    say,-

(1.) Where the debtor resides] within ten miles
of the Court House in the district where he
resides or carries on business, then such meet-
ing shall be held at the Court House, unless
the Judge of the Court shall otherwise order.

(2.) Where the debtor resides more than ten
miles from the Court, then the meeting shall
be at such Resident Magistrate's Court or
other convenient place within the district as
the Registrar may fix at the time the debtor
files his statement; the place so fixed shall be
noted on the certificate to be issued as herein-.
before provided.

29. Where a first meeting is summoned, and the cre-
    ditors have assembled at the time and place appointed,
    they shall at once elect their Chairman, who shall
    preside over such meeting.

30. At every adjourned meeting, or at any subse-
    quent meeting in the liquidation, the person elected
    Chairmain of the first meeting shall preside, if he be
    present at the time at which the meeting is convened,
    if not, some other person may be elected by the cre-
    ditors present. Every such Chairman shall have a
    casting vote in addition to his original vote or votes.

31. If the meeting is summoned by the debtor, he
    shall, immediately after the election of the Chairman,
    produce and deliver to the Chairman the certificate
    issued to him by the Registrar under section 19 of
    the Act, and also a statement, duly verified by affi-
    davit, showing the whole of his assets and debts, and
    the names and addresses of the creditors to whom his
    debts are due, and the Chairman shall thereupon call
    upon the creditors for proofs of debt, made in the pre-
    scribed manner, to be laid before the meeting. If,
    the meeting is called by a creditor, the creditor shall
    produce to the meeting the order of Court autho-
    rizing him to call such meeting, and the same shall be
    entered in the minute book.

32. A book shall be provided for entering the
    minute of proceedings at all meetings of creditors
    in any liquidation, and shall be called "The Minute
    Book of Proceedings in the Liquidation of the Estate
    of
    , a Debtor."

Every proceeding and resolution of each meeting
shall be fairly transcribed in ink in such minute
book, and at the close or adjournment of each meet-
ing the proceedings shall be signed by the Chairman,
and the minute book forwarded to the Registrar of
the Court, to be by him kept in safe custody until
again required for any adjourned or subsequent
meeting. If the meeting should not be closed or
adjourn within the office hours of the Court, such
minute book shall be forwarded to the Registrar
immediately on the office of the Court being opened
on the next day.

Such minute book shall, during the hours at which
the office of the Court shall be open, be accessible for
the purpose of inspection by any person desiring to
inspect the same; but no entry or other proceeding
shall in any case be altered or amended except by the
Chairman at a meeting, and with the approval of the
creditors.

33. The liquidation resolution shall be proposed
    by a creditor and seconded by another creditor, or
    by the duly constituted proxy of any such creditor;
    but, before being put to the meeting, the Chairman