Legal and Business Notices




262

wearing apparel of the bankrupt, his wife and children,
which shall be retained by them) upon and for the following trusts and purposes, namely:—

  1. 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.

  2. To retain and pay all expenses properly incurred
    of, and attending such sale, collection and getting in.

  3. To pay the poundage and fees payable under the
    several Debtors and Creditors Acts.

  4. To pay all costs and expenses in this matter which
    have been or shall be ordered by the Court or by any
    Judge thereof, to be paid out of the estate of the bankrupt.

  5. 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, subject to existing
    legal priorities (if any) but so that the said Creditors
    shall not receive more than twenty shillings in the
    pound upon their said respective debts.

  6. To pay the ultimate surplus (if any) of the said
    trust monies to the Bankrupt.

And it is further ordered that the matter of the said
Petition be further adjourned until the eleventh day of
November next.

By the Court,
(L.S.) ROBERT CHAPMAN,
Registrar,

35/

DISSOLUTION OF PARTNERSHIP.—NOTICE.

The partnership hitherto existing between
JOHN G. DOUGLAS and ALEXANDER MUIRHEAD, as
Livery Stable Keepers, is this day dissolved by mutual
consent.

JOHN G. DOUGLAS,
ALEXANDER MUIRHEAD.

(Witness) DANIEL BANNATYNE.
Dunedin, July 1st, 1867.

Alexander Muirhead will continue to carry on the
business of the Stables, will receive and pay all debts
of the late firm.

(From the New Zealand Gazette, October 8 (No. 49).)

DEBTORS’ PRISONS RULES AND REGULATIONS.

15th August, 1867.

WHEREAS by an ordinance of the Legislative
Council of New Zealand (Session VII., No.
8), intituled “An Ordinance for the Regulation of
Prisons,” it was enacted (section 6) that it shall be
lawful for the Judges of the Supreme Court from time
to time, to make such rules and regulations for the
management of such Gaols as then were, or thereafter
might be, used for the imprisonment of Debtors, and
for the control of the Debtors therein:

We, the Judges of the Supreme Court, under and
by virtue of the provisions of the said Ordinance, do
make the following Rules and Regulations; and do
order that the same shall come into force on the 1st
day of October, 1867, in, and shall be applied to,
every Gaol in the Colony of New Zealand, used for
the imprisonment of Debtors:

RULES AND REGULATIONS.

  1. The Debtors in every such Gaol are to be kept,
    if possible, consistently with the resources of the
    Gaol, quite separate from all Felons and Misdemeanants
    undergoing sentences; from all persons waiting for
    Trial, and from Lunatics; and if such complete sepa-
    ration be impossible, the intercourse of such Debtors
    with such Convicts, persons waiting for Trial, and
    Lunatics, shall be prevented by the Gaoler as much as
    possible.

  2. On the admission of every Debtor into a Gaol,
    it shall be the duty of the Gaoler to ascertain that
    has with him no dangerous weapon or article cal-
    culated to facilitate escape, or other prohibited thing,
    but the examination for such purpose shall in no
    instance be conducted in the presence of any other
    prisoner. After such examination, the place to be
    occupied by the Debtor shall be assigned to him by
    the Gaoler.

  3. Debtors may procure for themselves, and receive
    during visiting hours, articles of clothing and bedding,
    and other necessaries, except food, to a reasonable
    amount, to be determined by the Gaoler; and Debtors
    not receiving prison rations may procure for themselves,
    and receive during such visiting hours, any food not
    requiring to be cooked, to a reasonable amount, to be
    determined by the Gaoler; but all such articles shall
    be examined, in order that it may be ascertained that they
    are clean, and not likely to communicate infection or
    facilitate escape. Debtors dissatisfied with the determination of the Gaoler as to amount, may appeal to
    the Visiting Justices, who may make such order thereon
    as they may think fit.

  4. Debtors unable to provide food for themselves
    shall receive rations equal at least in quantity and
    quality to the highest class of rations supplied to other
    prisoners within the Gaol; and the rations of such
    Debtors shall be fixed from time to time by the Visiting
    Justices, and shall be provided separately from those
    of other prisoners. Debtors receiving Gaol rations—
    provided they assist daily (personally or by substitute),
    to the satisfaction of the Gaoler, in keeping clean and
    in order the apartments which they occupy—shall have
    permission, by order of the Gaoler (entered in his
    books), to receive, through him, such additional food
    (not requiring to be cooked), as he shall deem reasonable, not more than three times a week, during visiting
    hours.

If any Debtor shall be dissatisfied with the decision
of the Gaoler with reference to this rule, he may appeal
to the Visiting Justices, who may make such order
thereon as they may think fit.

  1. Any Debtor who shall assist daily (either personally or by substitute), to the satisfaction of the Gaoler,
    in keeping clean and in order the apartments which he
    occupies, shall be permitted to procure, at the cost of
    himself or his friends, through the Gaoler, daily, at an
    hour or at hours to be fixed by the Gaoler, such moderate quantities of beer, wine, and spirits as the Medical
    Officer of the Gaol shall deem reasonable (regard being
    had to the health, condition, and previous habits of the
    Debtor), and shall specify by an entry in writing in a
    book to be kept for the purpose; and such Debtor
    shall consume such beer, wine, or spirits, in the presence of the Gaoler or some other officer of the Gaol,
    and shall not be allowed to remove the same from the
    place where it shall be delivered to him.

  2. Every facility, consistent with the circumstances
    and safety of the Gaol, and the convenience of its
    officers, shall be given to Debtors, for enabling them
    to work at any trade, business, or employment with
    which they may be conversant.

  3. The Gaoler shall permit every Debtor who may
    wish it, to attend at the performance of any Divine
    Service which may take place within the Gaol, and
    shall assign him a place apart from convicts and
    criminals awaiting trial.

  4. Debtors shall rise and fold up their bedding, and
    their rooms shall be unlocked, at 6 a.m., from the 1st
    day of October to the 31st day of March inclusive, and
    at daylight from the 1st day of April to the 30th day
    of September inclusive. They shall be locked up at
    sunset all the year round. All lights in their rooms
    shall be extinguished at 9.30 p.m.

Provided always that it shall be competent for the
Visiting Justices of any Gaol, with the sanction of a
Judge of the Supreme Court, to substitute, for the
hours and times in this rule mentioned, any other hours
or times which the circumstances of the Gaol shall seem
to them to render more desirable—notice of which
shall be posted in the Gaol along with a copy of these
Rules.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1867, No 505





✨ LLM interpretation of page content

⚖️ Bankruptcy Sequestration Order for Joshua Lazarus (continued from previous page)

⚖️ Justice & Law Enforcement
30 September 1867
Bankruptcy, Sequestration, Supreme Court, Dunedin
  • Robert Chapman, Registrar

🏭 Dissolution of Partnership

🏭 Trade, Customs & Industry
1 July 1867
Partnership, Dissolution, Livery Stable, Dunedin
  • John G. Douglas, Partner in dissolved partnership
  • Alexander Muirhead, Partner in dissolved partnership
  • Daniel Bannatyne, Witness to dissolution

⚖️ Debtors’ Prisons Rules and Regulations

⚖️ Justice & Law Enforcement
15 August 1867
Prison, Debtors, Rules, Regulations, Supreme Court
  • Judges of the Supreme Court