SUPREME COURT.

"The Debtors and Creditors Act, 1862."

By virtue of the powers vested in us by the Debtors and Creditors 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.—Peacetime 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 plaintiffs, 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.

Companies of Volunteers may recommend Officers.

XIV.

It shall be lawful for the majority of any Company of Volunteers from time to time to recommend to the Governor persons to be appointed Officers in such Company.

Militia District Limited.

XVI.

No Militia district hereafter to be declared shall exceed 20 miles in its greatest diameter.

MILITIA ACT AMENDMENT ACT, 1862.

Pension for wounds.

VI. Every Officer of Militia and Militiaman who shall be so seriously wounded or otherwise injured when on actual service as to afterwards impede his obtaining a livelihood shall be entitled to a pension so long as he shall be so disabled according to such Regulations as the Governor in Council shall from time to time make in that behalf as nearly as the circumstances will admit in accordance with the Regulations in force in respect of the Queen’s Regular Forces and of a similar amount.

Pension to Widows, &c.

VII. In the event of any Militia Officer being killed on service his family shall be entitled to such pension as they would have been entitled to had he been an officer of the same rank in Her Majesty’s Regular Service, and in the event of a non-commissioned Officer or Private being killed in service his family shall be entitled to such pension as they would have been entitled to had he been an Ensign in Her Majesty’s service.

Rank of Officers of Volunteers and Militia.

VIII. Officers of Volunteers enrolled under the provisions of the Militia Act, 1858, shall rank with Officers of Militia according to the dates of their respective Commissions.

Act assented to, Southland.

Colonial Secretary’s Office,
Auckland, 5th May, 1863.

THE following Bill passed by the Provincial Council of the Province of Southland, intituled,—

"The Interpretation Ordinance, 1862, Amendment Ordinance, 1863," which Bill was reserved for the signification of the Governor’s pleasure thereon, having been laid before the Governor, His Excellency has been pleased to assent to the same.

Reader Wood,
In the absence of Mr. Domett.

Returning Officers appointed.

Colonial Secretary’s Office,
Auckland, 4th May, 1863.

HIS Excellency the Governor has been pleased to appoint the following persons to be Returning Officers for the Election of Members of the Provincial Council of the Province of Southland for the Electoral Districts set opposite their names:—

Robert Mitchell, Esq., Mataura, Oreti.
Isaac Newton Watt, Esq., Campbelltown.
A. J. Ellis, Esq., Waihola.
Matthew Price, Esq., Invercargill.
James Spence, Esq., Aparima, Wallacetown.

In the absence of Mr. Domett.