β¨ Bankruptcy Rules
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Service of notices, orders, or other proceedings shall
be effected before the hour of 5 in the afternoon, except on
Saturdays, when it shall be effected before the hour of 1
in the afternoon. Service effected after 5 in the afternoon
on any week-day except Saturday shall, for the purpose of
computing any period of time subsequent to such service, be
deemed to have been effected on the following day. Service
effected after 1 in the afternoon of Saturday shall for the
like purpose be deemed to have been effected on the follow-
ing Monday. -
It shall be the duty of such officer as the Court may
direct to serve such orders, summonses, petitions, and notices
as the Court may require him to serve; to execute warrants
and other process; to attend any sittings of the Court (but
not sittings in Chambers); and to do and perform all such
things as may be required of him by the Court.
But this rule shall not be construed to require any order,
summons, petition, or notice to be served by an officer of
the Court which is not specially by the Act or rules re-
quired to be so served, unless the Court shall in any par-
ticular proceeding by order specially so direct. -
Where notice of an order or other proceeding in Court
may be served by post it shall be sent by registered letter. -
Every order of the Court may be enforced as if it were
a judgment of the Court to the same effect. -
Where a debtor is arrested under a warrant issued
under section 88 of the Act he shall be given into the custody
of the governor or keeper of the prison mentioned in the
warrant, who shall produce such debtor before the Court as
it may from time to time direct, and shall safely keep him
until such time as the Court shall otherwise order; and any
books, papers, moneys, goods, and chattels in possession of
the debtor which may be seized shall forthwith be lodged
with the Official Assignee.
Application for Search-warrant.
- Every application to the Court for a search-warrant
under section 89 of the Act shall be in writing, and shall
state shortly the grounds upon which the application is made.
Where the application is made on behalf of the Assignee it
need not be verified by affidavit unless the Court shall so
require.
Warrants, Arrests, and Commitments.
- A warrant of seizure, or a search-warrant, or any other
warrant issued under the provisions of the Act, shall be ad-
dressed to such officer of the Supreme Court, District Court,
or Resident Magistrate's Court, whether such Court has
jurisdiction in bankruptcy or not, as the Court may in each
case direct.
Writs of Execution.
- Writs of execution shall issue from the office of the
Court, and all proceedings thereon and in relation thereto
shall be regulated as nearly as may be by the rules of the
Supreme Court for the time being in force in relation to
execution.
Motions and Affidavits.
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Every application to the Court (unless otherwise pro-
vided by these rules, or the Court shall in any particular
case otherwise direct) shall be made by motion supported by
affidavit where necessary. -
The rules of the Supreme Court for the time being in
force relating to motions and affidavits shall be herein im-
plied, and are hereby declared applicable to motions and
affidavits in regard to bankruptcy matters in any Court having
jurisdiction in bankruptcy.
Discovery and Interrogatories.
- Any party to any proceeding in Court may, with the
leave of the Court, administer interrogatories to, or obtain
discovery of documents from, any other party to such pro-
ceeding. Proceedings under this rule shall be regulated as
nearly as may be by the rules of the Supreme Court for the
time being in force in relation to discovery and inspection.
An application for leave under this rule may be made ex
parte.
Trial by Jury.
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Where upon any application to the Court, other than
a Resident Magistrate's Court, for a decision on any question,
the Court, with or without the application of any person, shall
have directed that a question of fact be tried with a jury,
such question of fact shall be reduced into writing and sub-
mitted to the Court for its approval, and shall, when approved,
be called "the issues of fact for trial by a jury;" but the
Court shall have power to allow any amendment thereof, at
any time, upon such terms as the Court may think fit. -
An order of the Court for the trial of a question of
fact before a jury shall specify the place of trial, and
whether it shall be before a special or a common jury, and
what shall be the number of the jury; but the order may be
amended by the substitution of one jury for the other, upon
such terms as the Court may think fit.
Transfer of Proceedings.
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When proceedings are to be transferred from one Court
to another, pursuant to the provisions of the 14th section of
the Act, the Assignee shall lodge in the Court in which the
proceedings are then being taken a copy of the special reso-
lutions, certified by himself as having been duly passed by
the creditors, or a certificate by the Judge, as in the said
section mentioned, or an order of the Court, as in subsection
(4) of section 30 of the Act mentioned, whichever the case
may be, and the Assignee shall at the same time file a
duplicate copy of such resolution or certificate or order. -
Upon such resolution or Judge's certificate being
lodged, the Registrar of the Court shall immediately send
the same, and all other records of proceedings in such bank-
ruptcy, other than the said duplicate copy of such resolution
or certificate or order, by post, to the Registrar of the Court
to which the transfer is to be made. -
The Registrar of the Court to which proceedings are
transferred shall give notice of the transfer to the Official
Assignee of the same Court as soon as he shall receive the
records of proceedings from the Registrar of the Court from
which the transfer is made. -
When a matter is transferred from one Court to another
it shall receive a new distinctive number.
Witnesses and Depositions.
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A subpoena for the attendance of a witness before the
Court shall be issued by the Court at the instance of the
Assignee, a creditor, bankrupt, or any applicant or re-
spondent in any matter, with or without a clause requiring
the production of books, deeds, papers, documents, and
writings in his possession or control. -
A sealed copy of the subpoena shall be served per-
sonally, or in such other manner as the Court shall specially
direct, on the witness by the person at whose instance the
same is issued, or by his solicitor, or by an officer of the
Court, or by some person in their employ, within a reason-
able time before the time of the return thereof. -
Service of the subpoena may, where required, be proved
by affidavit. -
The Registrar, on a taxation of costs, may in any matter
limit the number of witnesses to be allowed and their allow-
ance for attendance shall be the allowances made to wit-
esses attending sittings of the Supreme Court in its ordinary
jurisdiction. -
The costs of witnesses, whether they have been ex-
amined or not, may in the discretion of the Court be allowed. -
If any person whose attendance is required for ex-
amination in any proceedings is in custody, the party
requiring his attendance may apply to the Court on affidavit
stating that he is a material witness and is in custody,
whereupon it shall be lawful for the Court to order the
officer in whose custody the witness is to bring the witness
into Court at the hearing, or to any place where the pro-
ceedings may be conducted or held, to be there examined as
a witness. -
On serving the order upon the officer there shall be
paid or tendered to him his reasonable charges for bringing
the witness, and consequent thereon. -
The Court may in any matter where it shall appear
necessary for the purposes of justice make an order for the
examination upon oath before the Court, or any officer of the
Court, or any other person, and at any place, of any witness
or person, and may empower any party to any such matter
to give such deposition in evidence therein on such terms (if
any) as the Court may direct. -
Where any order shall be made for the examination of
witnesses within the colony, it shall be lawful for the Court,
by the first order to be made in the matter, or any subsequent
order, to command the attendance of any person to be named
in such order, for the purpose of being examined, or the pro-
duction of any writings or other documents to be mentioned
in such order, and to direct the attendance of any such
person to be at his own place of abode, or elsewhere, if neces-
sary or convenient so to do. -
An order for a commission to examine witnesses, and
the writ of commission, shall follow the forms for the time
being in use in the Supreme Court, with such variations as
circumstances may require. -
The Court may in any matter, at any stage of the pro-
ceedings, order the attendance of any person for the purpose
of producing any writings or other documents named in the
order which the Court may think fit to be produced. -
Any person wilfully disobeying any subpoena or order
requiring his attendance for the purpose of being examined
or producing any document shall be deemed guilty of con-
tempt of Court, and may be dealt with accordingly. -
Any witness (other than the debtor) required to attend
for the purpose of being examined or of producing any docu-
ment shall be entitled to the like conduct-money, and pay-
ment for expenses, and loss of time as upon attendance at a
trial in Court,
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π°
Rules under The Bankruptcy Act, 1892
(continued from previous page)
π° Finance & Revenue21 March 1893
Bankruptcy Act, Rules, Service, Warrants, Execution, Motions, Affidavits, Discovery, Jury, Transfer, Witnesses, Depositions
NZ Gazette 1893, No 21