THE NEW ZEALAND GAZETTE.
811

And whereas it is expedient that rules of practice
and procedure for the purpose of regulating proceed-
ings under the said Act upon appeals from the
decision of any Trust Commissioner should be made
as and in manner hereinafter set forth:

And whereas the rules in the Schedule hereto
have been submitted to and approved of by His
Honor Alexander James Johnston, Esquire, a Judge
of the Supreme Court of New Zealand, as required
by the said Act:

Now therefore, His Excellency the Governor of
the Colony of New Zealand, in pursuance and exer-
cise of the power and authority vested in him by the
said Act, and by and with the advice and consent of
the Executive Council of the said Colony, doth hereby
(with such approval as aforesaid) make the Rules of
Practice and Procedure set forth in the Schedule
hereto, for the purpose of regulating proceedings
under the said Act upon appeals from the decision
of any Trust Commissioner to the said Supreme
Court.

SCHEDULE.

1. Any person dissatisfied with the decision of any
   Trust Commissioner as to the giving or withholding
   any certificate which he is authorized to give under
   "The Native Lands Frauds Prevention Act, 1870,"
   may on the day on which any such decision shall be
   given, either personally or by his solicitor or agent,
   inform the Commissioner that he intends to appeal
   under these Regulations; and within three clear
   days after the day on which such decision shall be
   given, such person shall deliver to the Commissioner
   a statement in writing, signed by him, his counsel,
   solicitor, or agent, containing the grounds of his
   dissatisfaction, and notice of his intention to appeal
   against such decision.

2. The notice of appeal shall be in writing, and
   shall state the grounds on which the party appeals,
   and shall be signed by the appellant, his solicitor, or
   agent, and such notice shall be delivered to the Trust
   Commissioner, and a duplicate thereof to every person
   interested in the proposed alienation.

3. In the event of any notice being given of inten-
   tion to appeal, as provided in rule 1, the Trust
   Commissioner shall not indorse his certificate on any
   instrument of alienation until the final order of the
   Court in the matter of the appeal: Provided that
   if such appeal be not duly prosecuted within the
   periods hereinafter prescribed, the other parties in-
   terested in the alienation may require the Commis-
   sioner to indorse such certificate in accordance with
   his previous decision, which he shall be at liberty
   to do.

4. Where the facts are not in dispute, but the
   decision of the Commissioner is alleged to be erro-
   neous in point of law, such appeal shall be in the
   form of a case, to be agreed on by the party appel-
   lant, and by the other parties interested in the
   proposed alienation (hereinafter termed "the re-
   spondents"); and, if such parties cannot agree, the
   Commissioner shall settle the case and sign it.

5. All cases on appeal shall be presented to the
   Commissioner for his approval and signature not
   later than fourteen days from the day on which the
   decision was given, and shall then, or as soon thereafter
   as the case shall be approved, be signed by the
   Commissioner; and when so signed one copy thereof
   shall be left with the Commissioner, and another copy
   thereof shall be given to the respondents, or to such
   of them as the Commissioner shall direct, within three
   days, or as soon thereafter as shall be practicable,
   next after the signing of the case.

6. The appellant shall within seven days after the
   case is signed, or as soon thereafter as shall be
   practicable, transmit the same to the nearest Registrar
   of the Supreme Court within the judicial district in
   which at the time of such decision the Commissioner
   may have been sitting.

7. If the facts be disputed, then the appeal shall
   be heard at a time and place to be appointed as
   hereinafter provided; but it shall not be lawful for
   the appellant, on the hearing of any appeal, to go into
   or give evidence of any ground of appeal which shall
   not have been set forth in the notice of appeal.

8. When a case has been settled as before pro-
   vided, and at any time after notice of appeal has
   been given, where it is not necessary to settle a case,
   the appellant may apply, in Chambers, to a Judge of
   the Supreme Court, to fix the time and place when
   the appeal shall be heard or argued.

9. Notice of the time and place so fixed shall be
   given by the appellant to the respondents, or such of
   them as shall have had notice of appeal served upon
   them.

10. The appeal shall be heard or argued in open
    Court at the time and place so fixed by the Judge
    as aforesaid, or on such other day as the Judge of
    the Supreme Court may appoint for the hearing
    or argument. The Supreme Court is hereinafter
    referred to and included in the expression "the
    Court."

11. The Court, if it think fit, shall have power
    to cause the case to be sent back for amendment;
    and thereupon the same shall be amended accord-
    ingly, and judgment shall be delivered after it shall
    have been amended.

12. No objection shall be allowed on account of
    any defect in the form of setting forth any ground
    of appeal in the notice of appeal, unless the Court
    shall be of opinion that such ground of appeal is so
    incorrectly or imperfectly stated as not to enable the
    party receiving the same to inquire into the subject
    of such statement and to prepare for trial; and in
    any such case the Court may make such order for
    amendment or postponement on such terms as to
    payment of costs as to the Court shall appear just
    and reasonable.

13. If upon the hearing of any appeal the
    Court shall be of opinion that the approval of the
    Trust Commissioner ought to have been withheld, or
    have been given, as the case may be, the Court
    may, by order, prohibit or authorize the proposed
    alienation as the case may require, and such order
    shall have the same force and effect as a refusal or
    consent, as the case may be, by the Trust Commis-
    sioner.

14. When the Court has pronounced judgment,
    either party may deposit the original order of the
    Court, or an office copy thereof, with the Commis-
    sioner whose decision shall have been appealed from,
    and shall within forty-eight hours thereafter serve or
    transmit a notice thereof upon or to the other party.

15. Upon any appeal, the Court may make such
    order as to costs, and the party or parties by whom
    the same shall be paid, as to it may seem fit; and
    all such orders shall be final and conclusive on all
    parties: Provided that no Commissioner stating a
    case in pursuance of these Regulations, or whose
    decision may have been appealed from under the
    said Act, shall be liable to any costs in respect or
    by reason of such appeal against his decision.

16. The costs to be allowed upon appeal in the
    Court shall be taxed by the Registrar of the Court,
    whose certificate shall be final.

17. All orders of the Court made upon the hearing
    of any such appeal, or for the payment of costs by
    one of the parties to the appeal to the other of such
    parties, or as the case may be, shall and may be