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The Pamphlet Collection of Sir Robert Stout: Volume 32

Amendment of the Rules of Court

Amendment of the Rules of Court.

After a careful examination of the Rules which have been gazetted, and comparison of the same with the Act and with the foregoing suggestions, the Committee is of opinion :—

1. That the first meeting of Creditors should be held at the Supreme Court House of the District, unless a majority in number and value of the Creditors reside within ten miles of a District Court House, in which case the meeting should be held in such District Court House.

2. That at the first meeting, and at all adjournments thereof, the Registrar of the Court should preside, and should determine all questions of procedure which may arise at such meetings.

3. That after the proceedings of the first meeting and of any adjournments thereof are closed, all minutes of further proceedings in the Estate should be kept by the Trustee, the minutes of the first meeting being in all cases retained in Court.

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4. That Creditors for amounts under £10 ought not to be excluded from voting at meetings of Creditors.

5. That Rule 40, which defines the voting power of Creditors, should be wholly rescinded, its provisions being contrary to Section 9 of Clause 28 of the Act.

6. That a statement of accounts should be attached to or be embodied in all proofs of debt.

7. That when proof of debt is made by an agent or attorney, his declaration that he is instructed by his principal that the statement of account attached thereto is correct should be sufficient.

8. That when a Creditor applies to the Court to set aside a decision of a Trustee in respect of his claim, he should be obliged to give immediate notice of his appeal to the Trustee.

9. That the fees payable to the Court should be as follows :—
On filing statement of inability to pay debts £1
On filing other documents 3s.
On proof of debt nil.

10. That the words "any person" should be inserted instead of the word "solicitor" in Rule 56.

11. That the Trustee in any Estate should be definitely authorized to employ a solicitor to represent or advise him whenever he may consider it necessary to have such assistance.