858
THE NEW ZEALAND GAZETTE.

“Name” of any person shall mean both the Christian name, or the initial letter or contraction of the Christian name, and the surname of such person.

“Affidavit” shall include statutory declarations and affirmations; and the word “sworn” shall include declaring and affirming according to statute.

“Sealed” shall mean sealed with the seal of the Court.

And, unless there be something in the context inconsistent therewith, the meanings attached to the terms and expressions mentioned in section 4 of the Act shall be the same where used in these rules.

PROCEEDINGS.

2. All notices and proceedings gazetted shall be headed by the Royal Arms, and by the words “In Bankruptcy,” in letters larger than those adopted in printing the body of the notices or proceedings gazetted; but one heading shall be sufficient for a column of notices if they are all in bankruptcy.

3. Notice of the filing of every declaration of insolvency shall be gazetted.

4. The forms set forth in the Schedule attached to these rules may be used, and where no form is provided in the Schedule, a form applicable to the special purpose may be framed by the parties.

5. Office copies of proceedings, books, papers, and writings, or any parts thereof filed in the Court required by or on behalf of any Trustee or by any debtor or creditor, 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.

6. Proceedings in respect of which no specific provision is made to the contrary by the Act, or these rules, shall be subject, so far as the same can be applied, to the general rules of the Court for the time being in force in relation to other proceedings in the Court.

Costs.

7. No costs shall be payable to any solicitor employed by the debtor in the matter of the bankruptcy, except under order of the Court; but upon such order the same shall be paid out of the estate, with or without taxation, as the Trustee shall think fit.

8. All taxations of charges and disbursements held under the provisions of the Act shall be by Order of the Court or a Judge for that purpose.

9. A copy of such Order shall be served upon such persons and in such manner as the Judge shall in each case direct.

10. 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 Court.

11. The Registrar or Taxing Officer shall in his taxation be guided by the scale of charges, fees, allowances to witnesses and otherwise, and disbursements allowed upon taxations in ordinary proceedings in the Court; but all Court fees paid under the Act shall be allowed on taxation.

APPEALS.

12. Every appeal from the decision of a Judge of the Supreme Court shall be by special case, in like manner and subject to the like rules as in the case of cases stated by parties under the 28th section of “The Court of Appeal Act, 1862.”

13. Any person desiring to appeal from the decision of a Judge of a District Court shall, within three days from the date of the decision to be appealed from, deliver to the Registrar a statement in writing, signed by himself, his counsel, solicitor, or agent, containing the grounds of his objection to such decision, and notice of his intention to appeal against the same; and shall also give a like notice in writing of such appeal, and of the grounds thereof, to the Trustee and such other person interested as the District Judge shall direct, and shall also give security, to be approved by the Registrar, for the costs of the appeal and for the amount, if any, which the appellant may, by the decision appealed from, have been ordered to pay.

14. Such appeal shall be in the form of a case agreed on by both parties, or their solicitors, and if they cannot agree the Judge of the District Court, upon being applied to in that behalf, shall settle the case; and such case shall be transmitted by the appellant to the Registrar of the Supreme Court: Provided that if the appeal shall be on matter of fact, the case shall contain a duly verified statement of the evidence taken before the District Court Judge, so far as the same shall relate to the matter of fact determined by his decision.

15. All cases on appeal from any District Court shall, unless the Judge shall otherwise order, be presented to him for his approval and signature, on the earliest practicable occasion which shall happen after the grounds of objection to the decision shall have been lodged, and shall then, or as soon afterwards as the case shall be approved, be signed by the Judge and be sealed with the seal of the District Court; and when signed and sealed, a copy thereof shall be served by the appellant on the Trustee or respondent, or both, as the Judge shall direct, within forty-eight hours from such signing and sealing, or as soon thereafter as shall be practicable.

16. The appellant shall within forty-eight hours after the case is signed and sealed, or as soon after as shall be practicable, transmit the same to the Registrar of the Supreme Court, and notice of such transmission shall be served on the respondent and Trustee; in default whereof, the respondent shall, on application to the Court below, be entitled to such costs as he shall have incurred in consequence of the appellant’s proceedings, which costs shall be added to the amount, if any, which the appellant may have been ordered to pay.

17. The appeal shall be set down for hearing, and shall be heard and determined before the Supreme Court, at such time and in like manner as other appeals from a District Court.

18. When the Supreme Court has pronounced judgment, either party may deposit the original order of such Court, or any office copy thereof, with the Registrar, to be by him filed with the proceedings in the said bankruptcy; and within forty-eight hours from the time of such deposit shall serve or transmit a notice thereof upon or to the opposite party and the Trustee; and such further proceedings as may be necessary shall thereupon be awarded or taken by the District Court.

MEETINGS.

19. First meetings shall be held at the following places which shall be deemed to be the “prescribed place” for the purposes of the Act, that is to say,—

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