Numb. 68.

857

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF THURSDAY, DECEMBER 7, 1876.
Published by Authority.

WELLINGTON, SATURDAY, DECEMBER 9, 1876.

Rules under "The Debtors and Creditors Act, 1876."

NORMANBY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
seventh day of December, 1876.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by the nineteenth section of "The
Debtors and Creditors Act, 1876," it is
enacted that the Governor in Council, with the
concurrence of at least two of the Judges of the
Supreme Court, may frame rules regulating
(a.) The practice of the Court whether as to any
original or appellate jurisdiction under this
Act, and the fees to be paid therein, and the
several forms of proceedings to be used in the
Court in all matters under the Act.
(b.) The proceedings at meetings of creditors,
the notice to be given thereof, and the places
where the same shall be held, the mode of
voting thereat, and the manner in which
proxies may be appointed, and vote at such
meetings.
(c.) The forms of petitions, summonses, and
notices to be filed, issued, or given under the
Act, the mode in which the same shall be
served, and what shall be deemed sufficient
service thereof.
(d.) The costs and charges of solicitors in any
proceedings under the Act, and for the taxa-
tion and allowances of such costs.
(e.) The transference of proceedings from one
district to another, or from an abolished or
altered district to another.
(f.) The mode of proving and amending of
proofs of debt, and the mode of valuing debts
provable under the Act, and of securities held
by creditors, the giving or withholding interest
or discount, or in respect of debts or dividend.

(g.) And generally, 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
objects of the Act:
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 and ALEXANDER JAMES JOHN-
STON, Esquires, two Judges of the Supreme Court of
the said colony, doth hereby frame and prescribe the
rules hereinafter set forth as the rules for the pur-
poses of the said Act, and doth hereby declare that
the same shall come into operation on the date on
which the same shall be published in the New Zealand
Gazette.

RULES.

DEFINITION OF TERMS.

1. In the construction of these rules, and of the
   forms in the Schedule, words importing the singular
   number shall include the plural, and words importing
   the plural number shall inlcude the singular; and
   woads importing the masculine gender shall include
   females; and the following terms shall (if not incon-
   sistent with the context 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, 1876."
"Judge" shall mean the Judge, and in the case
of a District Court, a lawfully appointed
Deputy Judge of the Court.
"Creditor" shall include a firm of creditors in
partnership.
"Debtor" shall include a firm of debtors in
partnership.
"Solicitor" shall mean any solicitor entitled to
practise in the Court.