✨ Bankruptcy Rules
MAR. 23.] THE NEW ZEALAND GAZETTE. 379
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If the debtor does not appear at the hearing the
Court may make an order of adjudication on such proof of
the statements in the petition as the Court shall think
sufficient. -
On the appearance of the debtor to show cause
against the petition, the petitioning creditor's debt, and the
act of bankruptcy, or such of those matters as the debtor
shall have given notice that he intends to dispute, shall be
proved; and if any new evidence of those matters, or any
of them, shall be given, or any witness or witnesses to such
matter shall not be present for cross-examination, and further
time shall be desired to show cause, the Court shall, if the
application appears to the Court to be reasonable, grant such
further time as the Court may think fit. -
If any creditor neglects to appear on his petition, no
subsequent petition against the same debtor or debtors, or
any of them, either alone or jointly with any other per-
son, shall be presented by the same creditor in respect of
the same act of bankruptcy without the leave of the
Court to which the previous petition was presented. -
The personal attendance of the petitioning creditor
and of the witnesses to prove the debt and act of bank-
ruptcy, or other material statements upon the hearing of
the petition, may, if the Court shall think fit, be dispensed
with. -
Where proceedings on a petition have been stayed for
the trial of the question of the validity of the petitioning
creditor's debt, and such question has been decided in favour
of the validity of the debt, the petitioning creditor may apply
to the Registrar to fix a day and hour on which further pro-
ceedings on the petition may be had; and the Registrar, on
production of the judgment of the Court in which the ques-
tion was tried, or an office copy thereof, shall thereupon
fix a day and hour, and the petitioning creditor shall then
serve notice on the debtor of the time and place fixed for
the hearing of the petition at the address given in his notice
to dispute, or to his solicitor, if known. -
Where proceedings on a petition have been stayed
for the trial of the question of the validity of the petition-
ing creditor's debt, and such question has been decided
against the validity of the debt, the debtor may apply to the
Registrar to fix a day on which he may apply to the Court
for the dismissal of the petition with costs; and on the pro-
duction of the judgment of the Court in which the question
was tried, or an office copy thereof, the Registrar shall fix
such day; and thereupon the debtor shall serve notice on
the petitioner or his solicitor, if known, of the time and
place fixed for the hearing of the application. -
An application for extension of time for hearing a
petition shall be in writing, but need not be supported by
affidavit unless in any case the Court shall otherwise require. -
On an application for an extension of time for the
hearing of a petition, no order shall be made for an extension
beyond fourteen days from the day fixed for the hearing of
the petition unless the Court is satisfied that such extension
of time will not be prejudicial to the general body of
creditors. Any costs occasioned by such application shall
not be allowed out of the estate unless so ordered by the
Court. -
After the expiration of one month from the day
appointed for the first hearing of a petition, provided such
petition shall have been duly served, no further adjourn-
ment of the hearing merely by consent of the parties shall
be allowed except for the reasons set forth in Rule 107,
or for such other sufficient reason to be stated in the order
for adjournment as the Court shall think fit; but in every
such case, unless an order for adjournment is made, the
Court shall either make an order of adjudication or dismiss
the petition.
Meetings of Creditors.
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The notice referred to in section 94, subsection (2),
of the Act may be either delivered to the bankrupt per-
sonally or sent to him by post-letter or post-card, as may be
convenient. -
Where no special time is prescribed notices to attend
meetings of creditors shall be sent off not less than three
days before the day appointed for the meeting. -
Where a meeting of creditors is called by notice the
proceedings had and resolutions passed at such meeting
shall, unless the Court otherwise orders, be valid, notwith-
standing that some creditors shall not have received the
notice sent to them. -
An affidavit by the Official Assignee, or the solicitor
in the matter, or by the clerk of any such person that the
notice has been duly posted shall be sufficient evidence when
required of such notice having been duly sent to the person
to whom the same was addressed. -
Where a meeting of creditors is adjourned the ad-
journed meeting shall be held at the same place as the
original place of meeting, unless the Assignee or chairman
fixes another place at the time of the adjournment. -
In calculating a quorum of creditors present at a
meeting those persons only who are entitled to vote at the
meeting shall be reckoned, but each creditor represented by
a proxy shall for the purpose of making a quorum be counted
separately, though the person acting as proxy be the same
for two or more creditors.
Proxies.
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A proxy given by a firm or person carrying on busi-
ness shall be deemed to be sufficiently executed if it is filled
up and signed by any member of the firm on behalf of the
firm, or by any person having a general authority to sign for
such firm or person. Such authority shall be in writing. -
The proxy of a creditor blind or incapable of writing
may be accepted if such creditor has attached his signature
or mark thereto in the presence of a witness, who shall add
to his signature his description and residence, and provided
that all insertions in the proxy are in the handwriting of the
witness, and such witness shall have certified at the foot of
the proxy that all such insertions have been made by him at
the request of the creditor and in his presence before he
attached his signature or mark. -
No person shall be appointed a general or special
proxy who is a minor.
Proof of Debts.
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In any case in which it shall appear from the bank-
rupt's statement of affairs that there are numerous claims
for wages by workmen and others employed by the bankrupt,
it shall be sufficient if one proof for all such claims is made
either by the bankrupt or his foreman or some other person on
behalf of all such creditors, unless the Assignee shall in any
case require separate proofs. Such proof shall have annexed
thereto, as forming part thereof, a schedule setting forth the
names of the workmen and others, and the amounts severally
due to them. Any proof made in compliance with this rule
shall have the same effect as if separate proofs had been
made by each of the said workmen and others. -
Where a creditor's proof has been admitted the notice
of dividend shall be sufficient notification to such creditor
of such admission. -
The Official Assignee shall in no case be personally
liable for costs in relation to an appeal from his decision
rejecting any proof wholly or in part.
Public Examination of Bankrupt.
- If a bankrupt fails to attend at the sitting of the
Court appointed for his public examination, the same may
be adjourned sine die, and the Court may afterwards appoint
a day for proceeding with such public examination; and in
such case notice to the creditors and to the bankrupt of the
time and place appointed for proceeding with such public
examination shall be sent by the Assignee, and shall be ad-
vertised also by the Assignee.
Appropriation of Pay, Salary, Pensions, &c.
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If on the application for an order of discharge the
Assignee intends to apply to the Court that the order of dis-
charge be made to take effect upon the performance of any
conditions in pursuance of section 127 of the Act, he shall
give to the bankrupt notice of his intention so to do. -
When the condition which the Assignee intends to
ask the Court to impose affects any salary or pay which may
after the date of this order become due to the bankrupt the
Assignee shall give a like notice to the employer of the
bankrupt, or, if he be in the Government service, to the chief
officer of the department under which the pay or salary is
enjoyed. -
Where an order is made under section 127 of the Act
imposing any condition which affects the payment of any
salary, pay, emoluments, profits, wages, earnings, or income
becoming due to the bankrupt after the date of such order,
the Assignee, in order to entitle himself to the receipt of any
such moneys, shall give notice of such order to the person or
persons, or the chief officer of the department as aforesaid,
by whom such moneys are payable to the bankrupt. -
Where such conditional order is made as referred to
in the last-preceding rule, and since the date of the order
the amount of the salary, pay, emoluments, profits, wages,
earnings, or income has become reduced or has ceased to
be payable, the bankrupt may apply to the Court to vary or
rescind the order.
Discharge.
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In every case of an application by a bankrupt for his
discharge, the report of the Official Assignee, made pursuant
to section 126, subsection (4), of the Act, shall be filed not
less than three days before the time fixed for hearing of the
application. -
Where under subsection (d) of section 127 of the Act
the Court grants an order of discharge conditionally upon
the bankrupt consenting to judgment being entered against
him by the Official Assignee for any balance of the debts
provable under the bankruptcy which is not satisfied at the
date of his discharge, the Court shall not deliver out the
order of discharge until the bankrupt has given the required
consent. The judgment shall be entered in the Court having
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NZ Gazette 1893, No 21
✨ LLM interpretation of page content
💰
Rules under The Bankruptcy Act, 1892
(continued from previous page)
💰 Finance & Revenue21 March 1893
Bankruptcy Act, Rules, Court, Adjudication, Petition, Creditor, Debtor, Proceedings, Meetings, Creditors, Proxies, Proof of Debts, Public Examination, Appropriation, Discharge