THE NEW ZEALAND GAZETTE. 807

shall collect all proxies that may be tendered, and
shall enter in the minute book the names of all the
creditors who have proved, whether such creditors be
present in person or by proxy; and at each adjourn-
ment of such meeting, and at every subsequent
meeting, the Trustee shall produce to the Chairman
a list of creditors who may have proved since the
last meeting, and the names of such proving credi-
tors, with the amount of their claims, shall be there-
upon inserted in the minute book.
34. Proxies shall not be recognized unless appointed
by some writing under the hand of the constituent
creditor, which shall be inspected by the Chairman
and authenticated to his satisfaction.
35. No person shall be entitled to vote at such meet-
ing unless at or previously to the meeting he has
proved a debt to be due to him by the debtor of an
amount not less than £10.
36. A secured creditor, unless he shall have realized
his security, shall, previously to being allowed to
vote or prove, state in his proof the particulars of
his security, and the value at which he assesses the
same, and he shall be deemed to be a creditor only in
respect of the balance due to him after deducting
such assessed value.
37. If only a limited number of creditors has
proved, and it should appear to the meeting that if
further time were allowed other creditors would be
enabled to prove their claims, the meeting may
adjourn to some subsequent date to allow further
time for that purpose.
38. If within half an hour from the time appointed
for the meeting there is not a quorum, or the required
number of creditors to pass a liquidation resolution
are not present or represented by proxies, the meet-
ing shall stand adjourned till the following day at the
same place and hour; and if at such adjourned meeting
there is no quorum within half an hour from the time
of meeting the meeting shall be adjourned sine die.
39. The liquidation resolution may be in the form
No. (7) in the Schedule hereto, and shall be duly en-
tered in the minute book.
40. The number of votes to be assigned to and
exercised by each creditor shall be according to the
following scale :-
In respect of a proved debt or claim-

• Exceeding £10, and not amounting to £50, 1 vote
• Amounting to £50, 1 vote
• Amounting to £100, 2 votes
• Amounting to £200, 3 votes
• Amounting to £300, 4 votes
  and so on, at the rate of one additional vote for every
  complete sum of £100 over and above the first £100:
  Provided that no creditor shall be entitled to more
  than twelve votes in the whole.
  Only one of several joint creditors shall, in re-
  spect of the joint debt or claim, be entitled to vote
  and take a part in the proceedings at any meeting.

41. The Trustee appointed at such meeting shall
    sign a declaration, which shall be entered in the
    minute book, that he accepts the office of trustee.
    Such declaration may be in the form No. 8 in
    Schedule hereto.
42. At the close of the meeting the debtor's state-
    ment, and the declaration of acceptance of office by
    the Trustee, shall be transmitted to the Registrar of
    the district within which the meeting has been held.
    Immediately on the receipt by the Registrar of the
    minute book containing the liquidation resolution
    and the declaration of acceptance of office by the
    Trustee, accompanied by one copy of the statement
    mentioned in Rule 32, or as soon thereafter as may be
    practicable, he shall insert a notice in the Gazette
    that the same have been filed. Such notice may be
    in the form (9) of the forms to this Schedule.
43. Any meeting may be adjourned from time to
    time, but in no case shall a meeting be held elsewhere

than at the prescribed place for the purpose of such
meetings unless by leave of the Court or a Judge.

PROOF OF DEBTS.

44. Debts and claim of creditors under the Act shall
    be proved by affidavit or by statutory declaration to
    be made in the manner provided in section 11 of Act.
45. Any such proof may be contested upon motion
    or summons made or taken out for the purpose by or
    on behalf of any Trustee of the debtor's estate, or by
    or on behalf of any two or more creditors who shall
    have each proved debts or claims against the debtor's
    estate to the amount of £20 or upwards; and the
    Court or Judge, if of opinion that the debt or claim
    is not a just one, either wholly or in part, shall dis-
    allow the same either wholly or in part as the case
    may require.
46. Provided that in cases in which there shall be
    questions of fact in dispute between the parties or any
    of them, it shall be lawful for the Court or a Judge
    to order that such questions be raised in the form of
    issues, and be tried by a full jury or at a minor jury
    sittings in the same manner as issues joined in an
    ordinary action; and upon such trial (unless specially
    ordered to the contrary) the proving creditor shall be
    the plaintiff, and the said Trustee or the contesting
    creditor shall be the defendant.
47. A creditor may prove his debt at any duly sum-
    moned first meeting of creditors, or at any time be-
    fore such meeting, by delivering or sending through
    the post, in a prepaid letter, before the hour at which
    a first meeting of creditors is to meet, to the Regis-
    trar of the Court, and after that time addressed to
    the Chairman of the meeting at the place of meet-
    ing, an affidavit setting forth the amount of his claim
    and the nature thereof. Where a Trustee has been
    appointed by the creditors at such first meeting or
    at any subsequent or adjourned meeting such affidavit
    shall be forwarded or delivered to such Trustee only.
    Such affidavit may be in the form (10) in the
    Schedule hereto.
48. The affidavit may be made by the creditor per-
    sonally, or by any agent or any clerk or other person
    in his employment, but if the affidavit is made by an
    agent or clerk it shall state that he is authorized by
    the creditor to make the affidavit, and that it is
    within his own knowledge that the debt was incurred
    for the consideration stated, and that to the best of
    his knowledge and belief the debt still remains un-
    paid and unsatisfied.
49. A company or other body incorporated or
    authorized to sue may prove their debt by an agent
    according to the form (11) of the forms to the
    Schedule.
50. A Registrar in his capacity of Trustee may
    admit proofs, and upon sufficient cause shown disallow
    any proof to which objection may be taken at the
    first or any other meeting of creditors.
51. Where a Trustee has been appointed by the
    creditors, the proofs of debt that have been received
    by the Registrar shall be given over to the Trustee.
52. A creditors' trustee as soon as may be after his
    appointment, and after the receipt of each proof of
    debt, shall examine every proof and the grounds of
    the debt, and in writing reject or admit it in whole
    or in part, or require further evidence in support
    thereof; and when he shall admit or reject any claim,
    he shall give notice thereof in writing to the creditor,
    stating in case of rejection the grounds thereof.
53. If at any time after the admission of any debt by
    the Trustee he shall have reason to believe that such
    debt has been improperly admitted, he may apply to
    the Registrar, upon affidavit setting forth the facts,
    for a day to be appointed for the Court to consider
    the propriety of expunging the proof or reducing the
    amount thereof.