MAY 3.]
THE NEW ZEALAND GAZETTE. 439

Any order may be varied or modified by the Court as cir-
cumstances may justify.

6. Where an executor or administrator desires to petition
   the Court under the third section of the said Act to have the
   estate of the debtor administered thereunder, such petition
   shall be in the form numbered one in the Schedule.

7. The account of assets, debts, and liabilities required to
   be filed under the fourth section of the said Act shall be in
   the form numbered two in the Schedule, and signed by the
   petitioner; and every such account shall be verified by
   affidavit in the form numbered three in the Schedule.

8. Every such account shall be filed with the petition to
   which it relates, or within fourteen days after such filing;
   but, if the Court thinks fit, it may, on the application of the
   petitioner, allow such further time for filing such account as
   it thinks reasonable.

9. If the Court is satisfied that the application is one which
   ought to be granted under the said Act it shall make an order
   that the estate be administered thereunder. Every such
   order shall be in the form numbered four in the Schedule
   hereto.

10. When a creditor or claimant upon the estate, or a
    person beneficially interested therein, desires to make ap-
    plication under the fifth section of the said Act for an order
    that the estate shall be administered thereunder, he shall
    give at least three days' written notice to the executor or
    administrator of such intended application, and thereafter,
    on filing an affidavit setting forth the nature of his claim
    and the grounds of his application, and the fact that notice
    has been given as aforesaid, he shall be entitled to proceed
    with such application: Provided that, if the executor or
    administrator shall appear on such application, and be pre-
    pared to proceed with the petition, the Court may allow him
    to do so, on such terms as to costs and otherwise as it shall
    think fit.

11. When a creditor of a deceased debtor desires to have
    the estate of such debtor administered under the said Act he
    shall file a petition in the Court, and such petition shall be
    in the form numbered five in the Schedule hereto, and shall
    be accompanied by an affidavit in the form numbered six in
    such Schedule.

12. A copy of such petition shall, unless the Court other-
    wise directs, be served on the executor or administrator, and
    on each copy so served shall be indorsed a notice in writing,
    signed by the petitioner or his solicitor, of the day, time, and
    place of the intended application.

13. Such notice shall be in the form numbered seven in
    the Schedule, and shall be served at leat two days before the
    application is made; and the fact of such notice having been
    given shall be stated in the affidavit verifying the petition.

14. If the Court is satisfied that the application ion is one
    which should be granted it shall make an order accordingly,
    and such order may be in the form numbered eight in the
    Schedule hereto: Provided that no such order shall, without
    the consent of the executor or administrator, be made until
    the expiration of two months from the date of the grant of
    probate or letters of administration, except under the circum-
    stances mentioned in section eight of the said Act, in which
    event all the facts and circumstances shall be set forth in
    the affidavit to be made under rules ten and eleven.

15. When the Court exercises the jurisdiction vested in it
    under section nine of the said Act it may, before making any
    order, require such further or other evidence as it thinks
    material or necessary, and may direct by whom such evi-
    dence shall be furnished. All such evidence shall be given
    by affidavit filed in the Court, and, if the Court shall decide
    to exercise such jurisdiction, the order made shall be in the
    form numbered nine in the Schedule.

16. Where any order is made appointing any person
    other than the Official Assignee or Public Trustee to ad-
    minister such estate, the previous consent of such person so
    to act shall be obtained and filed in Court. In all other
    cases before making any order the Court may require notice
    to be given to the Official Assignee or Public Trustee, as the
    case may be.

17. The certificate to be filed by the Public Trustee in
    cases within the terms of section eleven of the said Act shall
    be in the form numbered ten in the Schedule, and such
    certificate shall be verified by affidavit made by the Public
    Trustee in the form numbered eleven in such Schedule.

18. When any surplus remains in the hands of an ap-
    pointee after payment in full of all debts due from the
    debtor, together with the costs of administration and any
    other moneys that would be payable in case of bankruptcy,
    such appointee or any person claiming an interest therein
    may apply to the Court for an order approving the pay-
    ment or application of such surplus.

19. Every such application shall be supported by an affi-
    davit of the facts in the form numbered twelve in the
    Schedule, setting forth to whom such surplus is proposed to
    be paid or the application thereof.

20. The Court, if satisfied of the facts and proposed pay-
    ment or application, may make an order, with any modifica-
    tion or addition it thinks fit, having regard to the interests
    of the persons entitled thereto, and such order shall be in
    the form numbered thirteen in the Schedule.

21. When an application is made under subsections five
    and six of section thirteen of the said Act to avoid or set
    aside any voluntary settlement, the same shall be supported
    by affidavit setting out the facts and the grounds upon
    which such application is made.

22. For the purpose of giving effect to the said Act and
    the due management and distribution of the assets of any
    estate, the practice and procedure of the Supreme Court and
    of the Superior Court of Bankruptcy is hereby adopted for
    and in respect of the several matters hereinafter mentioned,
    that is to say,-
    (1.) In respect of fees of Court, costs, and the taxation of
    costs, the practice and procedure of the Supreme Court for
    the time being in force under general rules made under
    "The Supreme Court Act, 1882;" and
    (2.) In respect of-
    (a.) Proofs of debt or demand;
    (b.) The allowance or disallowance of debts or claims;
    (c.) Meetings of creditors, and being represented thereat
    by proxies;
    (d.) The service of notices and proceedings, and the en-
    forcement of orders made by the Court;
    (e.) Procedure on appeal from a decree or order of the
    Superior Court of Bankruptcy or a Judge thereof,
    the practice and procedure of the Superior Court of Bank-
    ruptcy, under "The Bankruptcy Act, 1883," and general
    rules for the time being in force thereunder:
    Provided that in the application of the practice and pro-
    cedure of the said Supreme Court and Superior Court of
    Bankruptcy the same shall be read and construed, mutatis
    mutandis, with reference to the subject-matter of these pre-
    sent rules and the Act under which they are made, and
    where any doubt shall arise the practice and procedure of the
    Supreme Court or the Superior Court of Bankruptcy shall,
    according to the nature of the case, be adopted and fol-
    lowed, so far as practicable; and for the purposes thereof
    "debtor" shall mean the executor or administrator of the
    deceased debtor, and includes the Public Trustee where
    acting under an order to administer, and "assignee" shall
    include "the appointee" under the said Act.

23. Nothing in these rules or in any part of the practice
    and procedure of the Supreme Court or of the Superior
    Court of Bankruptcy hereby adopted shall be deemed to
    interfere with or control the provisions of the said Act; and
    in any case where any such adopted practice or procedure
    may be or appears to be in conflict with or inconsistent
    with the said Act and these rules the Court shall give such
    directions and make such order as shall be necessary to give
    effect to the said Act.

24. If in any case the Court requires further evidence, or
    thinks that notice of any application should be given to any
    person or class of persons, or that any such person or class
    should be heard or represented in any proceedings, it may
    make such order and give such directions as it thinks fit for
    the purpose of obtaining such evidence, giving such notice,
    or allowing such person or class to be heard or represented.

25. These rules shall not apply to any estate in respect of
    which an administration suit shall have been brought for the
    purpose of having the estate administered for the benefit of
    creditors prior to the day on which sections 13 to 16 of the
    said Act are brought into operation.

SCHEDULE.

1. PETITION BY EXECUTOR OR ADMINISTRATOR TO HAVE
   ESTATE ADMINISTERED.

In the Supreme Court of New Zealand,
District.
Or
In the District Court of
holden at
}

In the matter of the estate of [name in full], late of [last
place of residence], [occupation], deceased; and in the
matter of "The Administration Act 1879 Amendment
Act, 1888."

I [name in full], of [place of abode and occupation], the
executor [or administrator] of the said deceased, do hereby
petition the Court as follows:-

1. The said deceased died on or about the day of
   , 18 , and on the day of , 18 , his
   will was proved in this Court, and I am now the executor of
   the said will.
   [Or 1. The said deceased died on or about the day
   of , 18 , and on the day of , 18 , letters of
   administration were granted to me by this Court, and I was
   appointed, and am now, the administrator of the estate of
   the said deceased.]
2. I have ascertained that the assets of the said deceased
   available, or that are reasonably likely to be available, for
   payment of the debts of the said deceased [are not sufficient,
   or cannot conveniently be converted into money, as the case