250

THE NEW ZEALAND GAZETTE.

Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, at the
Government House, at Wellington, this
fifteenth day of June, one thousand eight
hundred and sixty-six.
E. W. STAFFORD.

G. GREY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, the
sixteenth day of June, 1866.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The New Zealand Settlements
Amendment and Continuance Act, 1865," it
is enacted that the Governor in Council shall have
power from time to time to make regulations for the
practice and procedure of the Compensation Courts,
and of arbitrations, umpirages, and appeals, under
"The New Zealand Settlements Act, 1863," "The
New Zealand Settlements Act Amendment Act,
1864," and the said "New Zealand Settlements
Amendment and Continuance Act, 1865," and for
establishing scales of fees in relation to all such
proceedings; and may from time to time rescind,
alter, and amend such regulations:

Now therefore, His Excellency the Governor, in
pursuance and exercise of the said power in him
vested for this purpose, doth hereby, with the advice
and consent of the Executive Council of the Colony,
make and put in force the following rules and
regulations for the practice and procedure of the
Compensation Courts, and of arbitrations, umpirages,
and appeals, under the said recited Acts:

Rules and Regulations for the practice and pro-
cedure of Compensation Courts, established
under "The New Zealand Settlements Act,
1863," and "The New Zealand Settlements
Amendment and Continuance Act, 1865."

1. All rules and regulations heretofore made for
   the practice and procedure of Compensation Courts
   established under the said Acts are hereby rescinded,
   and the following substituted in lieu thereof.

2. No Court shall be held until after two months
   notice of the intention to hold the same shall have
   been advertised in the General Government Gazette,
   and one or more newspapers of the Province wherein
   the Court is to be held.

3. In every case before the Court, the claimant
   shall be deemed the plaintiff, and the Crown the
   defendant, and either party may appear by counsel
   or duly authorized agent.

4. The practice and procedure of the Court, and
   of counsel and agents, shall be as nearly as possible
   similar to that of a Resident Magistrate's Court in
   civil cases.

5. On the application of either party for an
   adjournment for the purpose of procuring evidence,
   the Court shall grant an adjournment for the time
   applied for, or until the next sitting of the Court
   after the expiration of such time, provided the
   period of such adjournment do not exceed three
   months.

6. All evidence given in Court shall be taken down
   in writing, and a copy thereof, together with the
   particulars of judgment or award, shall be trans-
   mitted without delay to the Colonial Secretary.

7. Upon the application of either party, the
   Governor in Council may grant a re-hearing of any
   case, before any three Judges of the Court, provided
   that when possible two at least of the three Judges
   in such re-hearing shall not have sat upon the first
   hearing of the case.

8. The orders or certificates issued by the Court
   shall be in the forms set forth in Schedules A. B. and
   C. hereunto annexed.

9. In all cases where a certain amount of land is
   awarded in compensation, the land shall be selected
   by the person to whom such compensation shall have
   been awarded and the agent for the Crown: provided
   that if they do not agree upon such selection within
   six months from the date of award, the Court shall
   decide between the parties in such manner as to it
   shall seem meet.

FORSTER GOBING,
Clerk of the Executive Council.

(Form A.)

In the Compensation Court, } BLOCK.
Colony of New Zealand. }

In the matter of "The New Zealand Settlements
Act, 1863," and "The New Zealand Settle-
ments Amendment and Continuance Act,
1865."

Ex parte

At a sittings of the Compensation Court held
at in the Province of on the day
and following days, before Esquires,
Judges there, upon hearing the claimants to com-
pensation on account of the taking of the Block,
under the authority of the said Acts or one of them,
by an Order in Council made on the day of
186 , the boundaries whereof are defined in and by
the said Order in Council. And upon hearing
counsel, agents, and witnesses, as well for the claim-
ants as the Crown, we the aforesaid Judges of the
said Court do hereby certify and order that
entitled to the sum of pounds in respect of
interest as owner (amongst other persons) according
to Native custom of land at in the said Block.
Dated at this day of , 186 .

(Form B.)

In the Compensation Court, } BLOCK.
Colony of New Zealand. }

In the matter of "The New Zealand Settlements
Act, 1863," and "The New Zealand Settle-
ments Amendment and Continuance Act,
1865."

Ex parte

At a sittings of the Compensation Court held
at in the Province of on the day
of and following days, before Esquires,
Judges there, upon hearing the claimants to compen-
sation on account of the taking of the Block,
under the authority of the said Acts or one of them,
by an Order in Council made on the day of
186 , the boundaries whereof are defined in and by
the said Order in Council. And upon hearing counsel,
agents, and witnesses, as well for the claimants as for
the Crown, we, the aforesaid Judges of the said
Court, do hereby certify that Mr. duly author-
ized on behalf of the Colonial Secretary, did, before
judgment, elect to give to claimants to land
at in the said Block, land instead of money out
of any land within the Province aforesaid subject to
the provisions of the said Act; and we order accord-
ingly that the piece or parcel of land, containing
acres, whereof a plan and particulars are
endorsed hereon or annexed hereto, shall be given as
compensation to the said in extinguishment of
the claim of themselves, and of all other persons
claiming with, by, through, or under them, or any of
them, in to, or out of the land claimed as aforesaid.
Dated at this day of 186 .