Bankruptcy Rules and Forms




860
THE NEW ZEALAND GAZETTE.

DIVIDENDS.
42. Before declaring a dividend, the Trustee may
call for vouchers of debts proved, and in case he shall
refuse to admit the claim of any creditor to the whole
or part of the debt claimed, he shall forthwith give
notice thereof to the creditor. If no appeal against
the decision of the Trustee shall by such creditor be
delivered to the Trustee within eight days thereafter,
or in cases where, by reason of the distance of the
creditor's residence from the office of the Trustee,
this shall not be practicable within such time as an
exchange of posts will allow, the Trustee shall rank
such creditor for the amount found by the Trustee to
be due, and no more.

TRUSTEE'S MINUTE BOOK.
43. The creditor's Trustee shall keep a minute book
of his proceedings and transactions, in respect of the
matter of each bankruptcy, under a special head
applicable thereto, and also a book wherein shall be
entered a statement of all his receipts and disburse-
ments relating to any estate under his administration.
Such books shall be open to inspection, during office
hours, to any creditor who has proved his debt, on
payment of a fee of one shilling.

BANK ACCOUNT.
44. All moneys received by the Trustee shall be
paid into a bank, to be determined by the creditors
at a meeting of creditors, to the account of the estate;
and, in the event of no direction being given in that
behalf by the creditors, such moneys shall be kept and
lodged in such bank, and to such account, as shall be
directed by the Court.

OPPOSITION TO DISCHARGE OF BANKRUPT.
45. No creditor shall be admitted to oppose the
application for the bankrupt's discharge unless such
creditor shall have proved his debt, and have given
to the bankrupt notice of his intention to oppose at
least seven clear days before the day fixed for the
bankrupt's application.

TRANSFER OF PROCEEDINGS.
46. The Court may for the purposes of transferring
proceedings under the provisions of section 42 of the
Act make such order as it shall think fit, and such
order shall forthwith be filed in the Court to which
the proceedings are transferred, and thereupon the
same shall be deemed to have been transferred ac-
cordingly.

FEES OF COURT.
47. The fees of Court to be charged and paid in
matters of bankruptcy, in addition to those mentioned
in the Schedule hereto, shall be in accordance with the
scale of fees charged and paid in other civil proceed-
ings in the Court; and if there shall be any doubt
as to the fee payable in any matter, the amount
thereof shall be settled by the Registrar.

FORMS.
1.—STATEMENT TO BE FILED WITH REGISTRAR UNDER
SECTION 22 OF THE ACT.
In the matter of "The Debtors and Creditors Act, 1876," and
of the Bankruptcy of
UNDER the provisions of the above-mentioned Act, I (a)
of (b)
, (c)
, do hereby declare that I am un-
able to meet my engagements with my creditors.
(Signature.)
Witness-
A Solicitor [or] Registrar of the Supreme Court of New
Zealand [or] Justice of the Peace.
(a) Christian name and surname of debtor. (b) Place of residence,
(c) Occupation

NOTICE OF BANKRUPTCY.
In the Matter of "The Debtors and Creditors Act, 1876," and
of the Bankruptcy of
, a Debtor.
THIS is to notify that (a)
, of (b)
, (c)
,
has this day filed a statement that he is unable to meet his en-
gagements with his creditors. The first meeting of creditors to
be held at
, on
, the
day of
187
Dated this
day of
, 187
(Signed)
Registrar [or] Clerk.
(a) Christian and surname of debtor. (b) Place of residence.
(c) Occupation.

3.—DECLARATION BY TRUSTEE OF ACCEPTANCE OF OFFICE.
(To be entered in Minute Book.)
I, the undersigned, hereby declare my acceptance of the office of
Trustee in the bankruptcy of A.B., of
Dated this
day of
187
(Signed)
Trustee.

4.—DECLARATION OF PROOF OF DEBT.
In the matter of "The Debtors and Creditors Act, 1876," and
of the Bankruptcy of
, a Debtor.
I
, of
, declare that the said
was at the
date of his bankruptcy and still is indebted to me in the sum
of , for [as set forth in the particulars annexed], which
said sum or any part thereof I say that I have not, nor hath
any person by my order or to my knowledge or belief, for any
use, had or received any manner of satisfaction or security
whatsoever, save and except the following: [Here set out the
particulars of the security, and the value at which the creditor
has assessed the same.]
Sworn at
, this
day of
, 187 , before
me.
(Signed)
I appoint
, of
, my proxy in the said matter.
A Solicitor of the Supreme Court
[or] Registrar [or] Clerk
[or Justice of the Peace.

  1. DECLARATION OF DEBT TO COMPANY.
    In the Matter of "The Debtors and Creditors Act, 1876," and
    of the Bankruptcy of (a)
    , of (c)
    , (d)
    , a Debtor.
    I (b)
    , of (e)
    , declare that I am duly authorized under the seal of (f)
    to make the proof of debt on his behalf. That the said (a)
    was at the date of his bankruptcy and still is justly
    and truly indebted to the said (e)
    in the sum of
    for [as set forth in the particulars annexed], for which said
    sum or any part thereof I say that I have not, nor hath any
    person by my knowledge or belief, for the use of the said (e)
    had or received any manner of satisfaction or security
    whatsoever, save and except the following: [Here set out the
    particulars of the security, and the value at which the same has
    been assessed.]
    Sworn at
    , this
    day of
    , 187 , before
    me.
    (Signed)
    A Solicitor of the Supreme Court
    [or] Registrar [or] Clerk
    [or] Justice of the Peace.
    (a) Christian name and surname of debtor. (b) Christian name and
    surname of deponent. (c) Residence. (d) Secretary or Manager or
    other officer. (e) Name of Corporation or Company. (f) Name and
    style of Corporation or Company.

TABLE OF FEES.
Filing Declaration of Insolvency ... £1 0 0
Filing Petition for Adjudication ... 1 10 0
Filing Deed of Arrangement ... 2 0 0

FORSTER GORING,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1876, No 68





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⚖️ Detailed Rules Governing Creditors' Meetings, Trustees, and Proof of Debts (continued from previous page)

⚖️ Justice & Law Enforcement
Continuation, Bankruptcy Rules, Forms, Debtors and Creditors Act, 1876, Dividends, Court Fees
  • Forster Goring, Clerk of the Executive Council