Court Fees and Rules




SUPREME COURT OF NEW ZEALAND.

"The Debtors and Creditors Act, 1862."

By virtue of the powers vested in us by "The Debtors and Creditors Act, 1862," we, the Judges of the Supreme Court, do hereby settle the following Table of Fees and Scale of Allowances to Witnesses:—

Table of Fees.

| Fees: Petition for adjudication under the Act by Debtor or Creditor................................... £1 0 0 |

And as for all other proceedings in respect of the same fees as are or may be payable in respect of other proceedings in the Supreme Court of other like nature.

Scale of Allowances to Witnesses.

The like allowances as are or may be payable to witnesses in civil cases in the Supreme Court.

George Alfred Arney, Chief Justice,
Alexander J. Johnston, Judge,
H. B. Gresson, Judge,
C. W. Richmond, Judge.

Approved in Council.

G. Grey.

New Plymouth, 2nd May, 1863.


COURT OF APPEAL.

Fees to be taken under "The Court of Appeal Act, 1862."

Until further notice, the Fees to be taken by the Registrar of the Court of Appeal shall be the same as those in the Supreme Court in respect to similar proceedings.

George Alfred Arney, Chief Justice,
Alexander J. Johnston, Judge,
H. B. Gresson, Judge,
C. W. Richmond, Judge.

Approved in Council.

G. Grey.

New Plymouth, 2nd May, 1863.


IN THE SUPREME COURT OF NEW ZEALAND.

Rules—General.—March, 1863.

By virtue of the powers vested by law in the Judges of the Supreme Court, it is ordered by us, the Judges of the said Court, that the following General Rules shall come into and be in force on and after the first day of June, 1863:—

Judgments for Default of Plea, &c.

  1. Applications and orders under Rule 307 of the General Rules of Procedure on default of plea or demurrer may be made at the expiration of seven days after the time limited for pleading or demurring has elapsed, instead of at the expiration of fourteen days as in the said Rule mentioned; and for the words “fourteen days” in Rules 317 and 319, the words “seven days” shall be substituted.

  1. No business shall be transacted at any such meeting unless there shall be 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 appointed for 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 value of the creditors who shall have proved their debts or claims.

  2. Proxies shall not be recognised unless appointed by some writing under the hand of the constituent creditor, which shall be inspected by the chairman and authenticated to his satisfaction.

  3. The number of votes to be assigned to, and exercised by, each creditor shall be according to the following scale:—In respect of a proved debt or claim,

| Exceeding £10, and not amounting to £50, 1 vote |
| Amounting to £50, .................................. 2 votes |
| „ £100, .................................. 3 votes |
| „ £200, .................................. 4 votes |
|
and so on at the rate of one additional vote for every complete sum of £100 over and above the first £100 : Provided that no creditor shall be entitled to more than twelve votes in the whole.

  1. Only one of several joint creditors shall be entitled to vote and take a part in the proceedings at any meeting.

  2. No creditor having any mortgage, lien, or other specific security upon any property of the debtor shall, in respect of the debt so secured, be entitled to vote or take a part in the proceedings at any meeting, unless he shall give up such mortgage, lien, or other security, for the general benefit of the creditors: Provided that where any such security shall have been realised, and shall have been insufficient to pay the debt in full, the creditor may, in respect of the deficiency, and on proof thereof, be entitled to vote and take a part in the proceedings at every such meeting.

  3. A chairman shall be appointed, and shall preside at every meeting, and he shall have a casting vote in addition to his original vote.

  4. Minutes of the proceedings of every meeting shall be taken, and shall be signed by the chairman, who shall forthwith file the same in the Supreme Court.

  5. Meetings may be adjourned from time to time and from place to place.

(Signed) George Alfred Arney, Ch. J.,
Alexander J. Johnston, Judge,
H. B. Gresson, Judge,
C. W. Richmond, Judge.



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Online Sources for this page:

VUW Te Waharoa PDF Southland Provincial Gazette 1863, No 46





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⚖️ Fees and Witness Allowances under the Debtors and Creditors Act, 1862

⚖️ Justice & Law Enforcement
2 May 1863
Fees, Witness Allowances, Debtors and Creditors Act, Supreme Court
  • George Alfred Arney, Chief Justice
  • Alexander J. Johnston, Judge
  • H. B. Gresson, Judge
  • C. W. Richmond, Judge
  • G. Grey

⚖️ Fees for the Court of Appeal

⚖️ Justice & Law Enforcement
2 May 1863
Fees, Court of Appeal, Court of Appeal Act, Supreme Court
  • George Alfred Arney, Chief Justice
  • Alexander J. Johnston, Judge
  • H. B. Gresson, Judge
  • C. W. Richmond, Judge
  • G. Grey

⚖️ General Rules for the Supreme Court

⚖️ Justice & Law Enforcement
Rules, Judgments, Default of Plea, Supreme Court
  • George Alfred Arney, Chief Justice
  • Alexander J. Johnston, Judge
  • H. B. Gresson, Judge
  • C. W. Richmond, Judge