✨ Bankruptcy Notices and Cemetery Regulations
to execute all necessary conveyances and assurances thereof.
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To retain and pay all expenses properly incurred of, and attending such sale, collection, and getting in.
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To pay the poundage and fees payable under the above mentioned Acts.
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To pay the costs properly incurred of, and incidental to the Petition in these matters, and subsequent thereto, and also all costs and expenses in these matters which have been or shall be ordered by this Court, or by any Judge thereof, to be paid out of the Estate of the Bankrupt.
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To distribute the net residue of the said Trust monies between and amongst, and for the benefit of all the Creditors of the Bankrupt, who were his Creditors at the time of the Presentation of the said Petition, and who shall duly prove their debts by affidavit, sworn and filed within three calendar months from the date of this order, by way of pro rata distribution and administration, subject to existing legal priorities (if any such there shall be) but so that the said Creditors shall not receive more than Twenty Shillings in the Pound upon their said respective debts.
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To pay the ultimate surplus (if any) of the said Trust monies to the Bankrupt.
Dated this fifth day of November, one thousand eight hundred and sixty-six.—By the Court,
ROBT. CHAPMAN, Registrar.
I, the above-mentioned William Oram Bell, hereby accept the appointment of Trustee made by the foregoing order, and consent to hold the real and personal Estate therein mentioned, upon and for the trusts and purposes therein expressed.
W. Oram BALL.
Witness— T. W. Hislop.
In the Supreme Court of New Zealand, Otago and Southland District.
In the matter of the petition of WILLIAM JOHN DYER, of Tokomairiro, in the Province of Otago, Farmer, debtor; and in the matter of the petition of Wolf Harris, trading as Bing, Harris and Co., of Dunedin, in the Province of Otago aforesaid, a creditor of the said William John Dyer to the extent of not less than Fifty Pounds; and in the matter of the Debtors and Creditors’ Acts, 1862 and 1865.
Upon reading the petition of the above-named bankrupt, and the several paper writings thereto annexed, and upon hearing Mr. D’Arcy Haggitt of counsel for the said bankrupt, it is ordered that Joseph Sykes Webb, of Dunedin, in the Province of Otago, Accountant, be, and he is hereby appointed, sole Trustee of the estate and effects of the bankrupt; and it is further ordered that all real and personal estate of the bankrupt which shall vest in the said Joseph Sykes Webb by virtue of his said appointment, shall be held by him his heirs executors and administrators respectively (except the wearing apparel of the bankrupt, which shall be retained by him) upon and for the following trusts and purposes, namely:—
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To sell, collect, and get in such real and personal estate, and receive the monies arising therefrom, and to execute all necessary conveyances and assurances thereof.
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To retain and pay all expenses properly incurred of, and attending such sale, collection, and getting in.
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To pay the poundage and fees payable under the above-mentioned Acts.
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To pay the costs properly incurred of and incidental to the petition in these matters and subsequent thereto, and also all costs and expenses in these matters which have been or shall be ordered by this Court, or by any Judge thereof to be paid out of the estate of the bankrupt.
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To distribute the net residue of the said trust monies between and amongst and for the benefit of all the creditors of the bankrupt who were his creditors at the time of the presentation of the said petition; and who shall duly prove their debts by affidavit filed within three calendar months from the date of this order, by way of pro rata distribution and administration, subject to existing legal priorities (if any such there shall be) but so that the said creditors shall not receive more than Twenty Shillings in the pound upon their said respective debts.
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To pay the ultimate surplus (if any) of the said trust monies to the Bankrupt.
Dated this fifth day of November, one thousand eight hundred and sixty-six.—By the Court,
ROBERT CHAPMAN, Registrar.
I, the abovementioned Joseph Sykes Webb, do hereby accept the appointment of Trustee made by the foregoing order, and consent to hold the real and personal estate therein mentioned upon and for the trusts and purposes therein expressed.
J. S. WEBB.
Witness— T. W. Hislop.
The foregoing Rules and Regulations have been submitted to the Superintendent and Executive Council in terms of the “Cemeteries Reserves Management Ordinance, 1864,” and are published for general information:—
HAVELOCK CEMETERY.—RULES AND REGULATIONS.
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All charges must be paid when orders are given.
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Any person or persons making a vault, or erecting and placing a monument in the Cemetery, by and with the permission of the Trustees, under these rules, and upon the payment of the charges therein mentioned, is entitled to have, maintain, and keep up such vault, monument, or tombstone, according to the terms of such permission, and for the sole and separate use of such person or persons, heirs, near relations, and friends, for ever.
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Application for such permission must be made to the Secretary, or one of the Trustees. A certificate of such permission, in the form set out in Schedule B, will be granted to the party applying for such permission, on payment of the charges in Schedule A.
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The cost and charges will be remitted on the burial of any poor person in such Cemetery, on the certificate of the minister of religion, or other evidence, proving to the satisfaction of the Trustees that such person was a pauper, or that the relations and friends of the deceased were unable to pay the costs and charges.
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Orders for interment must be given to the Sexton at least six working hours prior to the hour fixed for the funeral, otherwise an extra charge will be made (see Schedule A). No free interment will be allowed without the above notice of six hours.
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The Trustees will cause all ordinary graves to be dug, but parties wanting brick graves or vaults will be required to construct them under the direction of a Surveyor (appointed by the Trustees), and in case interment is to be made in any private grave or vault, the consent (in writing) of the party entitled thereto must be left with the order.
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The name, age, the late place of residence, and probable cause of death of the deceased, and other information as per schedule C, must be stated at the time of giving the order.
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The time fixed for the funeral must be the time when the procession is to be at the Cemetery, and the same must be punctually observed.
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Until otherwise ordered, the usual hours fixed for funerals will be from 8 o’clock a.m. to 5 o’clock p.m. from the 1st day of September to the 30th day of April, and from 8 o’clock a.m. to 4 o’clock p.m. in the other months of the year, except on Sundays, when the usual and only funerals will be from 2 to 5 o’clock p.m. throughout the year. No funeral will be allowed to take place between the hours of 7 o’clock p.m. and 7 o’clock a.m.
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✨ LLM interpretation of page content
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Appointment of Trustee for Frank Alfred Orbell’s Estate
(continued from previous page)
⚖️ Justice & Law Enforcement5 November 1866
Bankruptcy, Trustee, Frank Alfred Orbell, William Oram Ball
- Frank Alfred Orbell, Bankrupt
- William Oram Ball, Appointed Trustee
- ROBT. CHAPMAN, Registrar
⚖️ Appointment of Trustee for William John Dyer’s Estate
⚖️ Justice & Law Enforcement5 November 1866
Bankruptcy, Trustee, William John Dyer, Joseph Sykes Webb
- William John Dyer, Bankrupt
- Joseph Sykes Webb, Appointed Trustee
- ROBERT CHAPMAN, Registrar
⚖️ Havelock Cemetery Rules and Regulations
⚖️ Justice & Law EnforcementCemetery, Rules, Regulations, Havelock
Otago Provincial Gazette 1867, No 459