136
THE NEW ZEALAND GAZETTE.

is situate, in the Maori and English languages.
Copies of the notice shall also be sent to such
Resident Magistrate, Native Assessors, and other
persons, for distribution, as the Chief Judge shall
think necessary, and also to the claimant and
counter-claimant or objector (if any).

Preliminary Notices.
9. If a preliminary notice of a claim is given, as
provided in section twenty-two, such notice shall be
in the form numbered four, and shall be published in
the same manner as a final notice.

Sufficiency of Notice.
10. Subject to these rules, the Court shall decide
upon the sufficiency of any notice.

Counter-claimants and Objectors.
11. A counter-claim or any objection to a claim
may be in any form that shall sufficiently signify the
intention of the parties.

Senior Judge to preside.
12. If more than one Judge is present at a sitting
in Court, the Judge whose appointment is of antece-
dent date shall preside.

Appearance by Counsel or Agent.
13. Parties may appear by themselves, their
counsel, or agent, except in principal towns of
Provinces, where only counsel shall be allowed to
appear, except in the case of the Crown. If the other
side appears in person, the Crown may appear by
any of its officers, even in the principal town of a
Province. If the other side appears by counsel, the
Crown must also appear by counsel.

Course of Proceedings.
14. The claimant shall first proceed to establish a
prima facie case without cross-examination being
allowed by the counter claimant or objector. If he
succeeds to the satisfaction of the Court in estab-
lishing a prima facie case, the counter claimant or
objector shall then be in the position of a plaintiff
and proceed with his case in defeat of the claim.
The claimant shall then proceed with his case in
defence. The counter claimant shall then make his
address to the Court, the claimant being entitled to
the reply.

Case of the Government or Crown Grantee.
15. But if the counter claimant or objector shall be
the Crown or a grantee from the Crown, the claimant
shall be regarded as a plaintiff from the beginning,
and shall finish his case before the objector com-
mences. The address on the part of the grantee of
the Crown shall follow his case, and the claimant
shall be entitled to the reply; but in all cases in
which the Crown appears it shall have the reply.

Postponement of Court.
16. If any unforeseen event renders necessary the
postponement of any Court fixed as before provided,
the Chief Judge may postpone the same by notice in
writing circulated in the most extensive manner
possible.

Adjournment.
17. A case or a Court may be adjourned to another
time or another place at the discretion of the Court.

Counter Claimant becoming Claimant.
18. If a counter claimant shall upset the original
claim and shall desire that a certificate should issue
to him for the land comprised therein or for any part
thereof, the Court may at once order the same upon
the evidence in the original case, or in its discretion
may order that the counter claim shall be heard as an
original claim, and at once proceed to hear and deter-
mine the same as if a prima facie case had been
established by the counter claimant.

Form of Order.
19. The order of the Court for a certificate shall be
in the form numbered five, and shall contain all the
particulars for which blanks are therein left; but a
minute by the Judge of a refusal or of any adjourn-
ment shall be sufficient.

Authentication of Order.
20. All orders for certificates shall be signed by
the Judge and sealed with the seal of the Court.

Case of two or more Certificates for one Claim.
21. If the Court shall order two or more certificates
for one claim it may direct such alterations to be
made in the map or survey as it shall think necessary
and the surveyor shall make the same to the satis-
faction of the Court or of the Chief Judge.

Maps, &c.
22. All maps, surveys, and other papers produced
before the Court and used as evidence, shall be signed
by the presiding Judge, who shall also fix the date
of production and the seal of the Court, and shall
state by whom produced.

Recommendation as to restrictions on alienation.
23. A recommendation as to restricting alienation
or as to attaching any condition or limitation, shall
be in the form numbered six.

Orders &c., to be forwarded to Chief Judge.
24. As soon as possible the order of the Court
with the claim, counter claim, survey, copy of notice
of sitting, and recommendation (if any) attached,
with all other documents relating to the claim, shall
be forwarded to the Chief Judge.

(2.)—Succession to Hereditaments.
Form of Application.
25. An application by a Native claiming to succeed
to hereditaments shall be in the form numbered
seven.

Course of Proceedings.
26. The notices, course of proceedings, and on
hearing, shall be the same as before provided with
respect to an original claim, mutatis mutandis.

Form of Order.
27. The order of the Court shall be in the form
numbered eight.

(3.)—Definition of Intertribal Boundaries.
Form of Application.
28. The application may be in any form that
sufficiently shows the intention of the applicant.

Course of Proceedings.
29. The notices and course of proceedings on
definitions of intertribal boundaries and on references
from the Supreme Court, shall be the same as before
provided with respect to claims to land, mutatis
mutandis.

Form of Orders.
30. The form of orders shall be the same as before
provided with respect to claims, mutatis mutandis.

(4.)—Adjudication generally respecting Native Lands.
Course of Proceedings.
31. The notices and course of proceedings shall be
the same (mutatis mutandis) as before provided with
respect to claims to land.

IV.—FEES.

Fees.
32. The Judge shall write in the margin of each
order the amount of fees which he has fixed to be
paid by the claimant and counter-claimant, and
whether the same have been paid or charged.

Order for Costs.
33. If costs shall be ordered to be paid by a
claimant or counter-claimant, a copy of such order
shall be annexed to the order of the Court when
transmitted to the Chief Judge.

Register of Fees.
34. A Register of Fees demanded by him shall be
kept by each Judge, a copy whereof shall be fur-