Jan. 3.] THE NEW ZEALAND GAZETTE. 19

shall have left the district, or cannot conveniently be found, it shall be sufficient to post such notice to the last known place of abode or business of such bankrupt; and any notice so served shall be deemed to have been served in the prescribed manner.

19. A book shall be provided for entering the minutes of proceedings at all meetings of creditors, and shall be called “The Minute-book of Proceedings in the Bankruptcy of [Name of Bankrupt].”

Every proceeding and resolution of each meeting shall be fairly transcribed in ink in such minute-book, and at the close or adjournment of each meeting the minutes shall be signed by the Chairman, and the minute-book forwarded to the Assignee, to be by him kept in safe custody until again required for any adjourned or subsequent meeting. If the meeting should not be closed or adjourn within the office hours of the Assignee, such minute-book shall be forwarded to him immediately on the opening of his office on the next day. Such minute-book shall, during the hours at which the office of the Assignee shall be open, be accessible for the purpose of inspection by any person desiring to inspect the same; but no entry or other proceeding shall in any case be altered or amended except by the Assignee or Chairman, at and with the approval of a meeting of creditors.

20. If within half an hour from the time appointed for holding any meeting the Assignee shall not be present, the creditors present may appoint one of their number to act as Chairman of the meeting.

21. 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.

22. If within half an hour from the time appointed for holding any meeting there is not a quorum, or the required number of creditors to pass a resolution are not present or represented by proxies, the meeting 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 deemed to be adjourned sine die.

23. No business shall be transacted at any meeting unless there shall be present, either personally or by separate individual proxies, at least three creditors, or all the creditors if the number does not exceed three.

SUPERVISORS.

24. The resolution appointing Supervisors shall be an ordinary resolution, and shall state what remuneration, not exceeding the scale provided by the said Act, is to be paid to the Supervisors for their services.

25. Such resolution shall immediately after the passing thereof be entered in the minute-book. If the Supervisors be present, they shall, in the presence of the Chairman of the meeting, signify their consent to act as such Supervisors in the Form No. 5 in the Schedule hereto.

If the Supervisors or either of them be not present at such meeting, the consent or consents shall be forwarded to the Assignee within seven days after the passing of such resolution.

If such consent or consents be not given or forwarded within the period of seven days as aforesaid, the appointment of such Supervisors or Supervisor shall lapse, and a fresh appointment shall be made by the creditors.

PROXIES.

26. A proxy to vote at any meeting of creditors may be in the Form No. 4 in the Schedule hereto, or to the effect thereof.

27. Any person proposing to vote at any meeting of creditors, on the authority of a proxy, shall produce such proxy to the Chairman of the meeting at which such person intends to vote, and the Chairman may, if he thinks fit, retain such proxy until the meeting is finally concluded, and notwithstanding that such meeting may be adjourned.

28. No bankrupt shall be competent to hold or vote upon a proxy on behalf of any creditor.

PROOF OF DEBTS.

29. Proof of debt or demand in any bankruptcy may be made by a creditor in the Form No. 2 in the Schedule hereto, or to the effect thereof.

30. Where the proof is made by the agent of an incorporated company or other body, or by the member of a partnership firm, the Form No. 3 in the said Schedule may be used.

31. Upon application made by any person interested within two months after the date of adjudication, a secured creditor shall, on payment of the value of his security as estimated in his original or amended proof, give up his security to be dealt with for the benefit of the creditors as part of the property of the bankrupt.

32. The Assignee, as soon as may be after the receipt of each proof of debt, shall examine the same and the particulars of the debt, and if he shall reject or admit such proof in whole or in part, or require further evidence in support thereof, he shall give notice thereof in writing to the creditor, stating what further evidence is required, or, in case of rejection, the grounds thereof.

33. If at any time after the admission of any debt the Assignee shall have reason to believe that such debt has been improperly admitted, he may apply to the Court, 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; and shall give notice in writing to the creditor proving such debt, at least three clear days prior to his so applying, of his intention to make such application.

34. Any creditor dissatisfied with the decision of the Assignee in respect of a proof may, within fourteen days after the receipt of the notice from the Assignee, appeal to the Court to vary or reverse the decision, and the creditor shall give notice thereof to the Assignee seven days before the day so fixed.

35. In cases in which there shall be questions of fact in dispute between the parties, or any of them, in any such dispute as mentioned in the last rule, the Court or a Judge may order that such questions be raised in the form of issues, and be tried in such manner as the Court or a Judge shall direct; and upon such trial (unless specially ordered to the contrary) the proving creditor shall be the plaintiff, and the Assignee or contesting creditors, as the case may require, shall be the defendant or defendants. The Court may in every such case make such order as to costs as it shall think reasonable.

CLOSE OF BANKRUPTCY.

36. Unless the Court otherwise orders, it shall be the duty of the Assignee to advertise notice of the order closing any bankruptcy, and to retain with the proceedings copies of the newspapers containing such advertisements.

ASSIGNEE’S ACCOUNT-BOOKS AND AUDIT.

37. The Assignee shall keep books of account showing all his receipts and expenditure for each estate, and every transaction relating to each bankruptcy shall, immediately after the completion thereof, be entered in such books respectively. The Assignee shall obtain, and produce to the Auditors when required, vouchers for every disbursement over one pound.

38. Upon the occasion of each audit the bank pass-book shall be delivered by the Assignee to the Auditors, together with such books, accounts, vouchers, and information in his possession or control as the Auditors may require.

39. The debtor, or any creditor who has proved his claim, may at all reasonable times inspect any of the said books, on payment of a fee of one shilling for each inspection.

SERVICE OF NOTICES AND PROCEEDINGS.

40. Unless otherwise specially directed by the said Act or these rules, service of any notice, order, summons, petition, or proceeding shall be effected personally or upon the solicitor representing the person to be affected thereby.

41. If such person cannot conveniently be found, it shall be sufficient to post such notice, order, summons, petition, or proceeding to, or deliver the same at, the usual or last known place of abode or business of such person.

42. In the case of a company or corporation, service on the agent, secretary, principal clerk, or manager of such company or corporation shall be deemed good service, and, where the parties to be served are members of a partnership, service on one of the members of the firm at its place of business shall be sufficient, subject as aforesaid.

JURIES.

43. In any case where issues of fact are to be tried by a jury in the superior Court, the like proceedings shall be had for the summoning of and striking a jury, and the like fees shall be paid for the attendance of jurors, as may be provided in the case of common jurors summoned to attend the Supreme Court for the trial of a civil action.

44. Where such issues are to be tried by a jury in the local Court, the like proceedings shall be had for the summoning of such jury and striking the same, and the like fees shall be paid for the attendance of jurors, as may be provided in the case of common jurors summoned to attend the District Court for the trial of a civil action.

WITNESSES.

45. A summons for the attendance of a witness capable of giving evidence concerning any matter in the Court, or before a Judge, before or after adjudication shall be issued by the Court at the instance of the Assignee, a creditor, a debtor, or any respondent in any matter, with or without a clause requiring the production of books, deeds, papers, and writings in his possession or control. Such summons may be in the Form No. 15 in the Schedule hereto.

46. A sealed copy of the subpoena shall be served personally on the witness by the person at whose instance the same