✨ Bankruptcy Regulations
113
place himself in communication with the Inspector, who shall thereupon furnish him with a copy of the rules by which he shall be guided in the administration of the estate.
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Every sequestrator or trustee shall, at the expiration of each calendar month, furnish to the Inspector a detailed account of receipts and expenditure in any estate which he may hold in trust, together with a statement of the balance then in the Bank belonging to such estate, with such other information as may be likely to affect the position of the estate.
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Before any sequestrator or trustee shall dispose of an insolvent estate, he shall first communicate with the Inspector and obtain his sanction thereto.
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Every sequestrator or trustee, before commencing an action at law with reference to matters having relation to any estate held in trust by him, shall first communicate his intention so to do to the Inspector, and obtain his sanction thereto.
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Every sequestrator or trustee shall, on or before the fifth day after the expiration of every calendar month, pay into the proper funds the fees payable in respect of assets realised during the preceding month under section thirty-nine of the “Debtors and Creditors Act, 1862,” and section twenty-eight of the “Debtors and Creditors Act Amendment Act, 1865.”
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In the event of any extraordinary meeting of the Creditors in any estate being called by the sequestrator or trustee, it shall be the duty of such sequestrator or trustee to notify the same to the Inspector, stating the date and place of meeting.
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Before the declaration of any dividend by the sequestrator or trustee of any estate, the accounts of the estate shall first have been examined by the Inspector, and sanction obtained as to the payment of a dividend.
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Every trustee shall, after the expiration of the date for the final winding up of the estate, pay into the Colonial Treasury all unclaimed dividends to the credit of a fund to be called “The Unclaimed Dividend Fund,” to be withdrawn by the parties entitled thereto, upon the production of a certificate from the Inspector in Bankruptcy acting for the estate.
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The final account of any sequestrator or trustee shall be duly verified upon oath.
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Every sequestrator or trustee, receiver, attorney, solicitor, agent, auctioneer, or other person employed in the management or winding up of sequestered estates, who shall receive an order from the Inspector, shall comply with the same.
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Every sequestrator or trustee shall keep possession of all the books of an insolvent debtor until the final winding up of the estate, when the said books shall be lodged with the Inspector; and in the event of the estate of any insolvent debtor being sold by a sequestrator or trustee, the books of such debtor shall be lodged with the Inspector, who shall, upon an order signed by a sequestrator or trustee, permit the temporary use, for the purpose of proof of debts, of any of the said books; and, in like manner, shall permit the person purchasing the said estate to make any extract from the said books which he may require. Books thus obtained under order of the trustee shall, at the expiration of the time during which their use was requested, be returned forthwith to the Inspector.
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Whenever any creditor outside the estate of an insolvent debtor shall reside in the Colony, the sequestrator or trustee shall give due notice to such creditor that a certain time has been appointed for proof of debts, and no dividend shall be declared until the expiration of that period.
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In the event of no distinct provision being made by the creditors, by deed, for the payment of commission to sequestrators and trustees, then the maximum sum of five per cent. shall be payable to sequestrators or trustees as a remuneration for services rendered in the realisation of any sequestered estate; but the Inspector shall have power upon examination as to the character of the services so rendered, to make an order for the payment of a lesser amount of commission to the sequestrators or trustees, the minimum amount of which shall not be under two and a half per cent.
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Every debtor shall immediately, upon filing his petition, furnish the Inspector with correct information as to his place of abode, and shall, in case he shall at any time change such place of abode before his final discharge, report the same to the Inspector.
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Every debtor shall attend whenever required by the Inspector for the purpose of assisting in the realisation of the estate.
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Persons disobeying these Regulations shall be liable for every offence to a penalty not less than ten shillings nor more than one hundred pounds.
SCHEDULE.
Form A.
REGISTER OF INSOLVENT ESTATES.
| Number | Name of Insolvent (occupation and residence) | Liabilities | Assets | Sequestrator or Trustee | Date of Sequestration or Trusteeship | Days of Hearing | Date of Insolvent’s Discharge | Remarks |
|---|---|---|---|---|---|---|---|---|
| Second Hearing | ||||||||
| Third Hearing |
Form B.
Under “The Debtor and Creditors Act, 1862,” and “The Debtor and Creditors Act Amendment Act, 1865.”
SUMMONS.
In the Estate of ___
You are hereby required to attend at ____ on the day of __ 18 at the hour of __ in the noon, before me to give any explanation or information that may be required of you in reference to the above Estate, and then and there have and produce books and accounts relating to the said Estate which may be in your custody, possession, or power.
In default of your attendance you will be liable to penalty imposed by the 25th section of “The Debtors and Creditors Act Amendment Act, 1865.”
To
Inspector in Bankruptcy.
N.B. – The penalty is a fine of any sum not exceeding £100 for every offence.
Form C.
STATEMENT of the Amount of Fees payable to the Colonial Treasurer under the provisions of “The Debtors and Creditors Act Amendment Act, 1865,” upon the Amount of Assets realised in respect of the several Estates under Inspection, during the Month ended ___
| Estate of | Trustee | Amount of Assets realised during the Month | Fees payable thereon under “The Debtors and Creditors Act Amendment Act, 1865” |
|---|---|---|---|
| £ s. d. | £ s. d. |
Remarks:
Inspector in Bankruptcy.
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⚖️
Order in Council for Debtors and Creditors Regulations
(continued from previous page)
⚖️ Justice & Law Enforcement23 May 1866
Debtors, Creditors, Regulations, Bankruptcy
Otago Provincial Gazette 1866, No 422