[NEW ZEALAND GAZETTE]

107

and declare that the limit of jurisdiction
of the said Court shall from and after the
said first day of June, be extended to
One hundred pounds.
Given under my hand at New
Plymouth, and issued under
the seal of the Colony of New
Zealand, this twenty-third
day of April, in the year of
our Lord One thousand eight
hundred and sixty-three.

G. GREY.
By His Excellency’s command
ALFRED DOMETT.
GOD SAVE THE QUEEN.

PROCLAMATION.

Bringing into operation "The Debtors and Creditors Act, 1862."

By His Excellency Sir GEORGE
GREY, Knight Commander of
the Most Honorable Order of
the Bath, Governor and Commander-in-Chief in and over
Her Majesty’s Colony of New
Zealand, and its Dependencies, and Vice-Admiral of the
same, &c., &c., &c.,

WHEREAS it is provided by "The
Debtors and Creditors Act, 1862,"
that the said Act shall not come into
operation until a day to be fixed by the
Governor by Proclamation, to be published
in the Government Gazette, and it is
expedient that the said Act shall come
into operation as hereinafter mentioned:
Now, therefore, I, Sir George Grey, the
Governor as aforesaid of the said Colony,
do hereby proclaim and declare that the
said "Debtors and Creditors Act, 1862,"
shall be in operation in the said Colony
from and after the first day of June next
ensuing.

Given under my hand, at New
Plymouth, in the Province
of Taranaki, and issued
under the Public Seal of
the said Colony, this second
day of May, one thousand
eight hundred and sixty-three.

G. GREY.
By His Excellency’s command,
ALFRED DOMETT.
GOD SAVE THE QUEEN!

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. PROCEEDINGS 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 be-
tween 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 plaintiff,
and the said trustee or trustees, or the
contesting creditor or creditors shall be
the defendant or defendants.

General.

All proceedings in the Court whatso-
ever, taken under or by virtue of the said
Act, or of these Rules, in respect of which
no specific provision is made to the con-
trary 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 alike nature.

II. MEETINGS OF CREDITORS.

1. Meetings of creditors shall be con-
   vened 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