Judicial Appointments and Supreme Court Rules




189

A. J. Willis, Esq., appointed a Justice of the Peace.

Colonial Secretary’s Office,
Judicial Department,
Auckland, 23rd April, 1863.

HIS Excellency the Governor has been pleased to appoint

ALEXANDER JAMES WILLIS, Esq.,
at the Dunstan Gold Fields, Otago, to be a Justice of the Peace for the Colony.

Reader Wood,
In the absence of Mr. Domett.

A. J. Willis, Esq., J.P., appointed a Resident Magistrate.

Colonial Secretary’s Office,
Judicial Department,
Auckland, 23rd April, 1863.

HIS Excellency the Governor has been pleased to appoint

ALEXANDER JAMES WILLIS, Esq., J.P.,
at the Dunstan Gold Fields, in the Province of Otago, to be Resident Magistrate under the Resident Magistrates’ Court Ordinance.

Reader Wood,
In the absence of Mr. Domett.


SUPREME COURT.

“The Debtor’s and Creditor’s Act, 1862.”

BY virtue of the powers vested in us by the Debtor’s and Creditor’s Act 1862, it is ordered by us, the Judges of the Supreme Court, that the following Rules shall be in force on and after the 1st day of June, 1863:—

I. PROCEEDINGS IN THE SUPREME COURT.

Proof of Debts.

Debts and claims of creditors under the said Act shall be proved by affidavit.

Any such proof may be contested upon motion or summons made or taken out for the purpose, by or on behalf of any trustee or trustees of the debtor’s estate, or by or on behalf of any two or more creditors, who shall have each proved debts or claims against the debtor’s estate to the amount of £20 or upwards; and the Court or Judge, if of opinion that the debt or claim is not a just one, either wholly or in part, shall disallow the same either wholly or in part, as the case may require.

Provided, that in cases in which there shall be questions of fact in dispute between the parties or any of them, it shall be lawful for the Court or a Judge to order that such questions be raised in the form of issues and be tried by a full jury or at minor jury sittings in the same manner as issues joined in an ordinary action; and upon such trial, (unless specially ordered to the contrary) the proving creditors shall be the plaintiff, and the said trustee or trustees, or the contesting creditor or creditors, shall be the defendant or defendants.

General.

All proceedings in the Court whatsoever taken under or by virtue of the said Act or of these Rules, in respect of which no specific provision is made to the contrary by the said Act, shall be subject to the General Rules of the Court for the time being in force in relation to other proceedings in the Court of a like nature.

II. MEETINGS OF CREDITORS.

  1. Meetings of creditors shall be convened either by the trustees or trustee of the debtor’s estate, or in pursuance of a rule or order of the Court or a Judge.

  2. Any creditor may apply to the Court or a Judge for a rule or order convening a meeting.

  3. At least three days’ notice of the place and time (specifying the day and hour) of every such meeting shall be given by advertisement in some local newspaper.

  4. The business to be transacted at any meeting convened in pursuance of a Rule or order of the Court or a Judge may be defined by such Rule or Order, in which case no other business shall be transacted at the meeting, or at any adjournment thereof.

  5. No person shall be entitled to vote or take a part in any proceeding at any such meeting unless and until he shall have duly proved a debt or claim against the estate to an amount exceeding £10.

  6. No business shall be transacted at any such meeting unless there shall be there present, personally or by proxy, one-fourth in number or value of the creditors who shall have proved their debts or claims.

If within half an hour from the time appointed for the meeting there is not a quorum, the meeting shall be dissolved, unless convened in pursuance of a Rule or Order, in which case it shall stand adjourned till the following day, at the same place and hour; and if at such adjourned meeting there is no quorum within half an hour from the time of meeting, the meeting shall be adjourned sine die.

  1. All questions shall be determined by a majority of the votes of the creditors present personally or by proxy: Provided that no resolution shall be deemed to be adopted by the meeting unless the same is carried by the votes of one-fourth in number or


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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 244





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⚖️ Appointment of Justice of the Peace

⚖️ Justice & Law Enforcement
23 April 1863
Justice of the Peace, Appointment, Dunstan Gold Fields, Otago
  • Alexander James Willis (Esquire), Appointed Justice of the Peace

  • Reader Wood, Colonial Secretary's Office

⚖️ Appointment of Resident Magistrate

⚖️ Justice & Law Enforcement
23 April 1863
Resident Magistrate, Appointment, Dunstan Gold Fields, Otago
  • Alexander James Willis (Esquire), Appointed Resident Magistrate

  • Reader Wood, Colonial Secretary's Office

⚖️ Supreme Court Rules under the Debtor’s and Creditor’s Act, 1862

⚖️ Justice & Law Enforcement
Supreme Court, Debtor’s and Creditor’s Act, Rules, Proceedings, Meetings of Creditors