440
THE NEW ZEALAND GAZETTE.
[No. 27

may be], as appears by the account hereunto annexed [or security on the said deceased debtor's estate, or any part
that I propose to file in this Court]. thereof, for payment of the said sum [or that I hold security
3. I hereby petition the Court to have the estate of the for the payment of the said sum, or part thereof, but that I
said deceased administered under the provisions of the said will give up such security for the benefit of the creditors of
Act. the said deceased in the event of an order being made for the
Dated this day of , 18 administration of the said estate under the said Act] [or that
Witness to signature of petitioner.) I estimate the value of such security at the sum of
C.D., [Signature] A.Β. £ ].
[Occupation,] 5. The said deceased within months next before
[Residence.] the date of his decease committed the following act [or
acts] of bankruptcy, namely:---
2. ACCOUNT OF ASSETS, DEBTS, ETC., OF THE DECEASED. [Here set out, separately, the acts of bankruptcy.]
Account showing the Assets, Debts, and Liabilities in the [Or 5. The said executor (or administrator), on or about the
Estate of , late of , deceased. day of , 18 , preferred (or is about to prefer)
Assets. one (name), a creditor of the said deceased, by paying in full
Stock in trade at [State name of place], esti- £ s. d. to the said (name) a debt due by the estate of the said de-
mated at : : : ceased (or as the case may be).]
Book debts, estimated to produce.: : : [Or 5. The said executor (or administrator), on or about the
Cash in hand : : : day of , 18 , filed a petition in this Court
Furniture and other chattel property : : : for an order to administer the estate of the said deceased
Real property [State full particulars] : : : under the said Act, but has not proceeded therewith under
Surplus from securities in hands of secured the rules of the Court, and no order under the said Act has
creditors : : : been made thereon.]
Total assets £ [Or 5. Any other grounds which under the Act will justify
Debts and Liabilities. the petition.]
Unsecured creditors according to £ s. d. Dated this day of , 18
list hereto attached, marked A Witness to signature.
Secured creditors according to list [Signature] A.Β.
hereto attached, marked B C.D.,
Less estimated value of securities [Occupation and residence.]
Surplus £
Other liabilities according to list hereto at- 6. AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION.
tached, marked C. [Name and title as in Form 1.]
Total debts £ I [name in full], the petitioner named in the petition here-
According to the above list there appears to be a deficiency unto annexed, make oath and say,-

1. The estate of the said deceased debtor is justly and
   in the said estate amounting to £ [State any other
   particulars necessary to explain the account.] truly indebted to me in the sum of £ [Set out the
   Witness to signature. [Signature.] particulars of debt as in the petition.]
2. AFFIDAVIT VERIFYING ACCOUNT. 2. On the day of , 18, a true copy of the
   [Name of Court and title of proceedings as in Form 1.] said petition was served on the executor [or ad-
   I [name in full], of [residence and occupation], hereby ministrator] of the said deceased, by [State mode of
   make oath and say,-- service].
3. I am the petitioner named in the petition hereunto 3. At the time of such service there was indorsed on the
   annexed [or filed in this Court on the day of , 18 said petition a notice in writing, stating the day, time, and
   , in the above matter]. place on and at which application would be made to the
4. The account hereunto annexed, marked , shows the Court upon the said petition.
   assets, debts, and liabilities of the said deceased, so far as 4. [Set out any other facts necessary to verify petition, as
   they are known to me. circumstances require.]
5. The several statements set forth in the said petition 7. FORM OF NOTICE TO BE INDORSED ON PETITION.
   are within my own knowledge true [or, as the case may be]. To [name], executor [or administrator] in the above
   Sworn, &c. estate.
6. ORDER THAT ESTATE OF DECEASED DEBTOR BE ADMINIS- TAKE notice that, on , the day of , 18
   TERED UNDER THE ACT. , or so soon thereafter as counsel can be heard,
   [Name and title as in No. 1.] , the day of , 18 application will be made to this Court at , at
   UPON reading the petition of , dated the day o'clock in the forenoon, for an order under "The Adminis-
   of , 18 , and filed in this Court, and the account of tration Act 1879 Amendment Act, 1888," to administer
   assets, debts, and liabilities also filed herein, and on hearing the said estate under the said Act.
   , it is ordered that the estate of the said deceased Dated this day of , 18
   be administered by the executor [or administrator] under A.B., Petitioner.
   the provisions of the said Act. [Or C.D., Solicitor for the Petitioner.]
   (L.S.) By the Court. 8. ORDER OF COURT ON CREDITOR'S PETITION.
7. CREDITOR'S PETITION. [Name and title as in Form 1.] the day of , 18
   [Name and title as in Form 1.] UPON reading the petition of , dated the day of
   I [name in full], of [residence and occupation], hereby , 18, filed in this Court, on reading the
   petition the Court that an order be made for the administra- affidavit of the said [petitioner], sworn and filed herein, and
   tion of the estate of the said deceased debtor under the said on hearing, and [if so] by consent of, , the executor
   Act, on the following grounds :- [or administrator] of the estate of the said deceased [or as
8. The said deceased died on the day of , 18 the case may be] * it is ordered that the estate of the said
   , and his will [or, as the case may be] was, on the decased debtor be administered under the provisions of the
   day of , 18, proved in this Court by , of said Act, and also that the costs of the said petition and in-
   , who consents to this petition. cidental thereto, and of this order, be paid [as the case may
   [Or 1. Letters of administration (or, as the case may be) be].
   were granted by this Court on the day of , 18 By the Court.
   to , of , and that the estate of the said de- 9. ORDER APPOINTING OFFICIAL ASSIGNEE, PUBLIC TRUS-
   ceased is, according to the best of my information and belief, TEE, OR OTHER PERSON.
   insufficient to pay his debts.] [According to last form, where applicable, as far as the
9. The estate of the said deceased is justly and truly in- asterisk, then proceed:] The Court being satisfied that the
   debted to me in the sum of £ [Set out amount of debt estate of the said deceased is likely to be better administered
   and the consideration]. by the Official Assignee in Bankruptcy [or by the Public
10. The said debt is still unsatisfied by the said executor Trustee, or by A.B., of (residence and occupation)], doth
    [or administrator] of the said estate. hereby order that the estate of the said deceased debtor shall
11. I do not, nor does any person on my behalf, hold any cease to be administered by the said executor (or ad-
    ministrator] thereof, and that the same shall be ad-
    ministered by , of , the Official Assignee in
    Bankruptcy for the District [or as the case may be],
    and doth also order that the costs [as in Form 8].
    By the Court.