Mar. 23.] THE NEW ZEALAND GAZETTE. 381

162. Where for the purposes of any application to the Court by the Official Assignee it is necessary that evidence be given by him in support of such application, such evidence may be given by a report of the Official Assignee to the Court, and need not be given by affidavit, unless so required by the Court; and any such report of the Official Assignee to the Court shall be received by the Court as prima facie evidence of the matters reported upon.

163. In any case of doubt or difficulty, or in any matter not provided for by the Act or the rules relating to any proceeding in Court, the Official Assignee may apply to the Court for directions.

164. Where a bankrupt has no available assets, the Official Assignee shall not be required to incur any expense in relation to his estate without a guarantee from the creditors, or some of them.

165. Where a composition is sanctioned by the Court, the Official Assignee shall account to the bankrupt, or, as the case may be, to the trustee under the composition.

166. Non-compliance with any of these rules, or with any rule of practice for the time being in force, shall not render any proceeding void unless the Court shall so direct; but such proceeding may be set aside, either wholly or in part, as irregular, or amended, or otherwise dealt with, in such manner and upon such terms as the Court may think fit.

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APPENDIX.

TABLE OF FEES. £ s. d.

Filing a petition for adjudication, whether by debtor or creditor .. .. .. 6 0 0
For every order, including filing .. .. 0 10 0
For every duplicate of same .. .. 0 2 6
Notice of motion in Court or in Chambers .. 0 2 0
Adjournment of same on application of a party .. 0 2 0
Hearing same if no order made .. .. 0 5 0
Payment into Court .. .. .. 0 3 0
Summons to witness, including seal .. .. 0 2 0
Summons, other than summons to witness, including seal .. .. .. 0 5 0
Swearing witness at hearing, for every witness beyond two .. .. .. 0 2 0
Attesting signature to petition, or swearing deponent to affidavit or declaration .. .. 0 2 0
Filing any document not otherwise provided for .. 0 3 0
Affixing seal of Court to any document not otherwise provided for .. .. .. 0 5 0
Filing copy or duplicate of deed of composition .. 0 10 0
Examination before Resident Magistrate, for every witness .. .. .. 0 5 0
Public examination of bankrupt .. .. 0 10 0
Warrant of commitment and duplicate, including seal .. .. .. 0 10 0
Warrant of arrest and duplicate, including seal .. 0 10 0
Judgment entered by consent, pursuant to section 127 (d) of the Act, including filing of consent .. 0 10 0
Search-warrant and duplicate, including seal .. 0 10 0
Writ of execution, including seal .. .. 0 10 0
Search, for each estate .. .. 0 1 0
General search through all papers in any bankruptcy .. .. .. 0 3 0
Certificate of Judge as to transfer of proceedings 0 5 0
Appointment for taxation or for any other matter 0 3 0
Taxation, for every hour or fraction of an hour .. 0 5 0
Attendance before Registrar or Clerk on inquiry or account under order or decree, &c., for every hour or fraction of an hour .. .. 0 5 0
Certificate or report of Registrar or Clerk, not exceeding 10 folios .. .. .. 0 10 0
Ditto, for every additional folio .. .. 0 1 6

• Drawing or settling case on appeal, not exceeding 5 folios .. .. .. 0 10 0
  Ditto, for every additional folio .. .. 0 1 6
  Filing copy case on appeal .. .. 0 3 0
  Copy of Judge’s notes, for every folio of 72 words.. 0 0 8
  Copy of any document, for every folio of 72 words.. 0 0 8

Scale of Solicitors’ Costs. (Section 173.)

For bankrupt’s solicitor—
Where assets recovered by Assignee do not exceed £25 .. .. .. 2 2 0
Where assets recovered exceed £25, but do not exceed £100 .. .. .. 4 4 0
Where assets recovered exceed £100, but do not exceed £200 .. .. .. 6 6 0
Where assets recovered exceed £200 .. .. 10 0 0
For appearing in Court or in Chambers on any motion, summons, or application, not exceeding, per diem .. .. .. 10 10 0
In addition to the above, all disbursements for fees of Court, fees of officers, witnesses’ expenses actually paid, and all other necessary payments shall be allowed.

Form No. 1.
GENERAL HEADING. (Rule 12.)
No. . .

In Bankruptcy.
In the Court,
District.

In the matter of , ex parte
[Here insert the debtor, or C.D., a creditor, or the Official Assignee, or other the person instituting the proceedings].
A.B.

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Form No. 2. (Rule 105.)
NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION.
[Title.]

I, the above A.B., do hereby give you notice that I intend to oppose the making of an order of adjudication as prayed in the above-named petition, and that I intend to dispute the petitioning creditor’s debt [or the act of bankruptcy, or as the case may be].

Dated this day of , 189 .
A.B.

To C.D., of , and to ,
and to the Registrar of the said Court.

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Form No. 3. (Rules 83-90.)
REQUEST FOR ISSUE OF BANKRUPTCY NOTICE.
[Title.]

1. I, C.D., of , hereby request that a bankruptcy notice be issued by this Court against [Here insert name, description, and address of judgment debtor].

2. The said A.B. has for the greater part of the past six months resided at [or carried on business at within the district of this Court (or, as the case may be, following the terms of section 30 of the Act)].

3. I produce an office copy of a final judgment against the said A.B., obtained by me in the Court on the day of , 189 .

4. Execution on the said judgment has not been stayed.

Dated this day of , 189 .
C.D.,
Judgment creditor [or E.F., solicitor for the judgment creditor].

NOTE.—Where the debtor resides at a place other than his place of business both addresses should be inserted.

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Form No. 4.
BANKRUPTCY NOTICE.
[Title.]

To , of .
TAKE notice that within days after service of this notice on you, excluding the day of such service, you must pay to C.D., of , the sum of claimed by him as being the amount due on a final judgment obtained by him against you in the Court, dated , whereon execution has not been stayed, or you must secure or compound for the said sum to his satisfaction or the satisfaction of the Court, or you must satisfy the Court that you have a counter-claim, set-off, or cross-demand against C.D. which equals or exceeds the sum claimed by him, and which you could not set up in the action in which the judgment was obtained.

Dated this day of ,189 .
By the Court.
Registrar.

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Indorsement on Notice.

You are specially to note that the consequences of not complying with the requisitions of this notice are that you will have committed an act of bankruptcy on which bankruptcy proceedings may be taken against you.

If, however, you have a counter-action, set-off, or cross-demand which equals or exceeds the amount claimed by C.D. in respect of the judgment, and which you could not set up in the action in which the said judgment was obtained, you must within days apply to the Court to set aside this notice by filing with the Registrar an affidavit to the above effect.

[Name and address of solicitor suing out the notice, or] This notice is sued out by C.D. in person.

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