✨ Debt Liquidation Rules and Forms
808
THE NEW ZEALAND GAZETTE.
- Any creditor dissatisfied with the decision of a
Trustee in respect of a proof, may, within fourteen
days after the receipt of the notice from the Trustee,
apply to the Court to vary or revise the decision, and
the creditor shall give notice to the Trustee thereof
seven days before the day so fixed.
FEES OF COURT.
55. The fees of Courts to be charged and paid
under these rules shall be in accordance with the
scale of fees charged and paid in civil proceedings in
the Supreme Court or District Court as the case may
be; and if there shall be any doubt as to the fee
payable in any matter, the amount thereof shall be
settled by the Registrar.
COSTS.
56. The creditors may from time to time, by reso-
lution, declare that the costs and charges, fees and
disbursements, of any solicitor employed by them
or by the debtor in the matter of liquidation, may be
paid out of the estate with or without taxation.
-
Unless the creditors shall otherwise direct as
aforesaid, every such taxation shall be by order of
Court, for that purpose to be first obtained upon
application to a Judge of the Supreme Court, or of
the District Court in which the liquidation resolu-
tion shall have been filed. -
A copy of such order shall be served upon
such persons and in such manner as the Judge shall
in each case direct. -
An appointment for taxation may be obtained
and served, and the taxation shall be conducted in
accordance with the general rules of practice and
procedure affecting taxation of costs between party
and party which shall for the time being be in force
in the Supreme Court. -
The Registrar shall in his taxation be guided
by the scale of charges, fees, allowances to witnesses
and otherwise, and disbursements allowed upon taxa-
tion in bankruptcy in England, so far as the same
may be suitable to the circumstances of this colony
and the provisions of the Act; and where the same
may be unsuitable, by the scale of costs, charges,
fees, and disbursements allowed upon taxation in
civil proceedings in the Supreme Court. -
All Court fees paid under the Act or these
rules shall be allowed on taxation.
FORMS.
1.—STATEMENT TO BE FILED WITH REGISTRAR UNDER
SECTION 19 OF THE ACT.
In the matter of "The Debtors and Creditors Act, 1875,"
and in the Matter of the Liquidation of the Estate
of , a Debtor.
UNDER the provisions of the above-mentioned Act, I(a)
of (6) , (c) , do hereby declare that I am un-
able to pay my debts, and desire that my affairs may be
liquidated under the said Act.
(Signature.)
Witness-
A Solicitor [or] Registrar of the Supreme Court of New
Zealand, [or] Justice of the Peace.
(a) Christian and surname of debtor. (b) Place of residence.
(c) Occupation.
2.—REGISTRAR'S CERTIFICATE.
In the Matter of "The Debtors and Creditors Act, 1875,"
and in the Matter of the Liquidation of the Estate
of , a Debtor.
THIS is to certify, that (a) , of (6) , (c)
has this day lodged with me, under the provisions of the above-
mentioned Act, a statement that he is unable to pay his debts,
and desires that his affairs may be liquidated under the said
Act. The first meeting of creditors to be held at
Dated this day of , 187 .
(Signed) Registrar [or] Clerk.
(a) Christian and surname of debtor. (b) Place of residence.
(c) Occupation.
3.—GAZETTE NOTICE.
(Royal Arms.)
"The Debtors and Creditors Act, 1875." In the Liquidation of
the Estate of (a) , of (b) , (c) , a
Debtor.
THIS is to give notice, that I, the above-named (a)
have this day filed with the (d) , of the (e) Court, a statement under the provisions of the above-mentioned
Act, that I am unable to pay my debts, and that I desire to have
my affairs liquidated under the said Act. And I hereby sum-
mon a first meeting of my creditors, to be held at
, on
the instant.,'to consider the propriety of having my affairs
liquidated under the said Act.
Until the appointment of a Trustee, all persons having in
their possession any of my effects must deliver them, and all
debts due to me must be paid to the Registrar [or Clerk] of
the Court.
Before the appointment of a Trustee, creditors, to enable
them to vote at a meeting, must forward their proofs of debt to
the Registrar [or Clerk]. After the appointment of a Trustee,
the proofs of debt must be forwarded to him.
Dated this day of 187 . (Signature.)
(a) Christian and surname of debtor. (b) Place of residence. (c) Осси-
pation. (d) Registrar or Clerk. (e) Supreme or District.
4.—SUMMONS TO DEBTOR.
In the (a) Court of
In the Matter of "The Debtors and Creditors Act, 1875."
You are hereby summoned to appear before His Honor
a Judge of this Court, at the Court House, , Street, on
, the day of instant, to show cause why
an order should not issue from the Court directing (b)
of (c) , (d) , or such other person as the Court
may direct, to call a meeting of your creditors to consider the
propriety of having your affairs liquidated under the said Act.
Dated this day of , 187.
(Signed) Registrar [or] Clerk.
Upon the application of
(a) Supreme or District, as the case may be. (b) Creditor's Christian
and surname. (c) Residence. (d) Occupation.
5.—ORDER OF COURT.
In the (a) Court of
In the Matter of "The Debtors and Creditors Act, 1875."
UPON hearing the application of (b) , of (c) ,
(d) , and upon reading the affidavits of , sworn
and filed herein, I do hereby order and direct the said (b)
to call a first meeting of the creditors of (e) , of (f)
, (g) , a debtor, to consider the propriety of
having the affairs of the said (e) liquidated under the
said Act, and I do further order and direct that such meeting
shall be held at on the day of
o'clock of the noon.
Dated this day of instant, at 187 .
(L.S.) J
(a) Supreme or District, as the case may be. (b) Creditor's Christian
name and surname. (c) Residence. (d) Occupation. (e) Debtor's
Christian name and surname. (f) Residence. (g) Occupation.
6.—ORDER TO PROCEED IN ABSENCE OF DEBTOR.
Same as last, with the following words added before the
words "Dated," &c.:----
AND I do order that such first meeting may be called in the
absence of the said (e) , and that such meeting may
proceed in the matter of the liquidation although no notice
thereof or other proceeding may have been served upon the
said (e) .
7.—LIQUIDATION RESOLUTION.
WE, the undersigned , creditors of (a) , of
(b) , (c) , being met together at a first or
adjourned meeting of the creditors of the said (b)
convened under the provisions of "The Debtor and Creditors
Act, 1875," hereby resolve that the affairs of the said (b)
be liquidated under the said Act, and that (d) , of (e)
, (f) , shall be Trustee [or Trustees] of the estate
of the said (b) , for all purposes of the said liquidation
and of the Act.
(Signed) Chairman.
(a) Christian name and surname of debtor. (b) Residence. (c) Ос-
cupation. (d) Trustee's Christian and surname. (e) Residence. (f)
Occupation.
Creditor's Signature. | Amount of Debt.
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⚖️
Continuation of Rules and Forms under The Debtors and Creditors Act, 1875
(continued from previous page)
⚖️ Justice & Law Enforcement14 December 1875
Rules, Procedure, Fees, Costs, Taxation, Forms, Liquidation, Creditors
NZ Gazette 1875, No 72