408
THE NEW ZEALAND GAZETTE.

the New Zealand Gazette, and by special order of Executive Council of the Colony, doth hereby signify
the Governor in Council: And whereas the said his approval of the said rules.
parcels of land hereinafter particularly mentioned
have been reserved and set apart under regulations
made under the authority of the said in part recited
Acts, and it is expedient that they should cease to be
reserves: And whereas in accordance with the said
Regulations of the eleventh day of May, one
thousand eight hundred and seventy-one, three
months' notice of the intention of the Government to
withdraw the same has been duly given in the New
Zealand Gazette:

Now, therefore, His Excellency, in pursuance and
exercise of the power and authority vested in him in
that behalf, doth hereby, with the advice and consent
of the Executive Council of the Colony of New
Zealand, order and declare that the several parcels
of land mentioned and described in the Schedule
hereto shall be and the same are hereby withdrawn
from reservation as aforesaid, and the same have
ceased to be reserves for the purpose in the said
Schedule mentioned, or for any other purpose what-
soever.

SCHEDULE.

PROVINCE OF TARANAKI.
Section No. 48, Carlyle,
suburban (now within the town
boundaries, and subdivided
into Blocks XXXV., XXXVII.,
XXXVIII., XLI., and XLII).
| 24 0 0 | General Govern-
ment purposes.

PROVINCE OF TARANAKI.
Town of Carlyle, Blocks num-
bered III., VI., XI., XVI., XX.,
XXI., XXVI., XXX., XXXIV.,
containing together
| 9 0 34 | General Govern-
ment purposes.

FORSTER GORING,
Clerk of the Executive Council.

Approval of Rules under "Real Estate Descent Act,
1874," and "Supreme Court Amendment Act,
1862."

NORMANBY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, the
fourteenth day of June, 1876.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The Supreme
Court Amendment Act, 1862," it is provided that
the Judges of the Supreme Court from time to time,
with the approval of the Governor in Council, may
revoke or alter any rules for the time being in force
touching the administration of the effects and estates
of persons deceased, and with such approval as afore-
said, may make new and other rules in that behalf,
and also touching the practice and procedure of the
Supreme Court in respect of any matter or thing
for the time being or which shall at any time be
within the jurisdiction of the Supreme Court, and
such new or other rules with such approval as afore-
said may from time to time alter and revoke: And
whereas their Honors the Judges of the Supreme
Court of the Colony have, in pursuance of the power
so vested in them as aforesaid, made the following
general rules touching the practice and procedure of
the said Court: Now, therefore, His Excellency the
Governor, by and with the advice and consent of the

Executive Council of the Colony, doth hereby signify
his approval of the said rules.

FORSTER GORING,
Clerk of the Executive Council.

In the Supreme Court of New Zealand.

REGULE GENERALES.

May, 1876.

Rule Supreme Court.

WHEREAS by "The Real Estate Descent Act,
1874," it is enacted that the Supreme Court, or
any two or more of the Judges thereof, whereof the
Chief Justice shall be one, shall have power from
time to time to make all such rules of practice and
procedure, and all other rules and regulations, for
carrying the provisions of the said Act into effect as
to the said Court or Judges shall appear expedient:
And whereas by "The Supreme Court Amendment
Act, 1862," it is enacted that the Judges of the
Supreme Court may, with the approval of the
Governor in Council, alter the rules of the Supreme
Court touching the administration of the effects and
estate of deceased persons: Now, therefore, by
virtue of the powers so vested in us, we, Judges of
the said Court, do, with the approval of the Governor
in Council, make the following Rules, and with the
like approval do order that the said Rules shall come
into and be in force on and after the first day of
July, 1876.

(1.) It shall not be necessary to make a separate
application for probate or administration in respect
of undevised real estate, and the forms of probate or
letters of administration used for personal estate
shall be used for undevised real estate.

(2.) The form of probate now in use is abolished,
and the following form shall be used, that is to say,–

PROBATE.

In the Supreme Court of New Zealand, }
Judicial District of
BE it known to all men, that on this day of
, in the year 18 , the last will and testament of
deceased, a copy of which is hereunto annexed, hath been
exhibited, read, and proved before , and administration
of the estate, effects, and credits of the deceased hath been
and is hereby granted to , the executor in the said will
and testament named, being first sworn faithfully to execute
the said will by paying the debts and legacies of the deceased,
as far as the property will extend and the law binds; reserving,
nevertheless, to this Court full power and authority to grant
like probate and administration to , the other executors
named in will, whenever they shall appear before this Court
and sue for the same.

Given under the seal of the said Court of , this
day of , 18 . Registrar.

3. The value of the estate sworn to before grant of
   administration, with will annexed or without a will,
   shall include the value of any real estate to be
   administered under such grant.

4. In the administration bond to be given by any
   administrator, the word "personal" shall be omitted
   throughout, and the penalty in such bond shall be
   twice the amount of the value of the property to be
   administered as sworn to, subject to moderation by a
   Judge of the Supreme Court, as in other cases.

5. Personal representatives applying to the
   Supreme Court under sections 13 and 14 of "The
   Real Estate Descent Act, 1874," shall give such
   notices as any Judge of the Court may prescribe in
   each case.

JAMES PRENDERGAST.
ALEXANDER J. JOHNSTON.
THOMAS B. GILLIES.
JOSHUA S. WILLIAMS.

FORSTER GORING,
Clerk of the Executive Council.