20
THE NEW ZEALAND GAZETTE.
[No. 2

is issued, or by his attorney, or by an officer of the Court,
within a reasonable time before the time of the return
thereof.

47. Service of the subpoena shall, where required, be proved
    by affidavit.

48. The Court may in any matter limit the number of
    witnesses to be allowed on taxation of costs, and their
    allowance for attendance shall in no case exceed the highest
    rate of the allowances made to witnesses attending sittings
    of the Supreme Court in its ordinary jurisdiction.

49. The expenses of witnesses, whether they have been
    examined or not, may in the discretion of the Court be
    allowed.

FEES OF COURT.

50. The fee of Court upon filing any deed of composition
    shall be one pound per cent. upon the amount of such com-
    position, but in no case less than the sum of five pounds.

51. The fees of Court to be charged and paid in matters of
    bankruptcy, in addition to those mentioned in the Second
    and Third Schedules to the said Act and in these rules, shall
    be in accordance with the scale of fees charged and paid in
    other civil proceedings in the Supreme 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 or Clerk of
    the Court.

TAXATION OF COSTS.

52. Subject to the provisions of the said Act and these
    rules, the Registrar or Clerk of the Court shall, in his taxation,
    be guided by the scale of charges, fees, allowances to wit-
    esses and otherwise, and disbursements allowed upon taxa-
    tion of costs in bankruptcy in England, so far as the same
    may be suitable to the circumstances of this colony; 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; but all Court fees
    paid under the provisions of the said Act or these rules shall
    be allowed on taxation.

APPEALS.

53. Any person desiring to appeal from the decision of a
    Judge or Court shall, within twenty-one days from the
    date of the decision to be appealed from, deliver to the
    Registrar or Clerk of the Court a statement in writing, signed
    by himself or his solicitor, 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
    each respondent, and to such other person interested as the
    Judge shall direct; and shall also give such security for the
    prosecution of such appeal, and for payment of such amount,
    as the appellant may be ordered to pay, as herein provided.

54. 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 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 Court appealed to.

55. All cases on appeal shall, unless the Judge shall other-
    wise order, be presented to him for his approval and signa-
    ture, 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 Court; and when signed and
    sealed a copy thereof shall be served by the appellant on
    the Assignee or respondent, or both, as the Judge shall
    direct, within forty-eight hours from such signing and seal-
    ing, or as soon thereafter as possible.

56. The appellant shall within forty-eight hours after the
    case is signed and sealed, or as soon after as shall be practi-
    cable, transmit the same to the Registrar of the Court
    appealed to, and notice of such transmission shall be served
    by the appellant on the respondent. In default whereof
    the respondent shall, on application to the Court below, be
    entitled to such costs as he shall have incurred in conse-
    quence of the appellant’s proceedings, which costs shall be
    added to the amount, if any, which the appellant may have
    been ordered to pay.

57. At or before the time of such transmission the appel-
    lant shall deposit with the Registrar or Clerk of the Court
    such a sum, not being less than ten pounds nor more than
    forty pounds, as the Court below shall direct, to satisfy, as
    far as the same may extend, any costs that the appellant
    may be ordered to pay; and, in the absence of any such
    direction, the sum to be deposited shall be twenty pounds.
    No deposit shall be required when the Assignee is appellant.

58. Where there are several respondents representing
    separate interests, the Judge of the Court may, if he shall
    think fit, direct a separate deposit to be made as to every
    such respondent, notwithstanding the limit aforesaid, and
    may direct such other security to be given as may, in the
    interest of all parties, appear to him expedient.

59. The appeal shall be set down for hearing, and shall be
    heard and determined before the Court appealed to, at such
    time and in like manner as nearly as may be as other appeals
    to such Court.

60. When the Court appealed to has pronounced judgment,
    either party may deposit the original order of such Court, or
    an office copy thereof, with the Registrar or Clerk of the
    Court, to be by him filed with the proceedings in the said
    bankruptcy; and such party shall then, within forty-eight
    hours from the time of such deposit, serve a notice thereof
    upon the party or parties to whom notice of appeal was
    given; and thereupon such further proceedings as may be
    necessary shall be taken by the Court below.

SCHEDULE.
IN BANKRUPTCY.
No. 1.

In the Court of Bankruptcy held at . (1)
In the matter of “The Bankruptcy Act, 1883.”
Notice is hereby given that I, (2) of (3) , in the
County [or Borough] of , in New Zealand, (4)
have this day filed in the said Court at a petition to
be adjudged a bankrupt.
Dated this day of , 18 .
(Signature.)

(1) If the proceedings are in a local Court the following must be
used: “In the District Court of (being a local Court of Bank-
ruptcy) held at . (2) Christian names and surname of
debtor at full length. (3) Residence. (4) Occupation. If out of
business or employment, state “lately a , but now out of
occupation.”

No. 2.
ORDINARY DECLARATION IN PROOF OF DEBT.

In the Court of Bankruptcy, held at . (1)
In the matter of “The Bankruptcy Act, 1883,” and
of the Bankruptcy of (2) , of (3) ,
in the County [or Borough] of (4) ,
a bankrupt.

I, , of , in the County [or Borough] of ,
in New Zealand , do hereby solemnly and sin-
cerely declare—

1. That the said was at the date of his bankruptcy,
   and still is, justly and truly indebted to me in the sum of
   , for ; and that the statement hereunto
   annexed, marked “A,” contains a true and complete state-
   ment of accounts between me and the said .

2. That I have not received, nor hath any person by my
   order or to my knowledge or belief, for my use or on my
   account, received or been promised, any satisfaction, pay-
   ment, or security whatsoever, for the said sum or any part
   thereof.

[If any securities are held, allegation may be in following
form, as the case requires:] That the only securities held
in respect of the said debt are the following (5) .

And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of an Act of the
General Assembly of New Zealand intituled “The Justices
of the Peace Act, 1882.”

Declared at , this day of , 18 ,
before me—
A Justice of the Peace [or Solicitor of
the Supreme Court of New Zealand,
or Notary Public].

(1) If the proceedings are in a local Court, the following must be
used: “In the District Court of (being a local Court of Bank-
ruptcy), held at ” (2) Christian names and surname of
debtor. (3) Address. (4) Provincial district, and occupation of
debtor. (5) State particulars of securities held, and the estimated
value of each security.

No. 3.
DECLARATION IN PROOF OF DEBT DUE TO FIRM OR COM-
PANY.

In the Court of Bankruptcy, , held at . (1)
In the matter of “The Bankruptcy Act, 1883,” and
of the bankruptcy of (2) , of (3) , in
the County [or Borough] of , (4) ,
a bankrupt.

I, of , in the County [or Borough] of ,
in New Zealand, (4) do hereby solemnly and sincerely
declare—

1. That I am (4) , and as such am duly authorized
   in writing, as appears by the document now produced, to
   make proof of debt on behalf of of (5) , of .

2. That the said (2) was at the date of his bank-
   ruptcy, and still is, justly and truly indebted to the said (6)
   in the sum of for ; and that the
   statement of accounts hereunto annexed, marked “A,” con-