8

THE NEW ZEALAND GAZETTE.

Validating the Waikouaiti Election.

ARTHUR GORDON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
fifth day of January, 1882.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS in pursuance of "The Regulation of
Elections Act, 1881" (hereinafter called "the
said Act"), a writ was issued for the election of a
member to serve in the House of Representatives for
the Electoral District of Waikouaiti: And whereas
such writ was transmitted to and received by the
Returning Officer of the said district by telegraph, in
accordance with the provisions of the fifty-second
section of the said Act: And whereas the said Re-
turning Officer took the necessary steps to proceed
with the said election, but accidentally mislaid the
telegraphic copy thereof received by him as afore-
said, and after the said election was held did not return
the same indorsed as required by law within the time
specified therein: And whereas on the thirtieth
day of December last the said Returning Officer
found the telegraphic copy of the writ which he had
so mislaid as aforesaid, and indorsed the same to
the effect that James Green had been duly declared
elected to serve as a member of the House of Re-
presentatives for the said electoral district, and the
said telegraphic copy of the writ was received by the
Clerk of the Writs on the fourth day of January now
instant: And whereas by the said Act it is provided
that, when any accidental or unavoidable impediment,
misfeasance, or omission happens, the Governor in
Council may take all such measures as may be
necessary for removing or rectifying the same, or
may declare any or all of the proceedings at or for
any election valid, notwithstanding such impediment,
misfeasance, or omission; and that every such Order
in Council shall state specifically the nature of the
impediment, misfeasance, or omission, and shall be
forthwith published in the Gazette: And whereas it
is expedient that under the said recited powers an
Order in Council should be made and issued for the
purposes hereinafter set forth:

Now, therefore, His Excellency the Governor of
the Colony of New Zealand, doth, in pursuance and
exercise of the power and authority contained in the
said in part recited Act, and by and with the advice
and consent of the Executive Council of the said
colony, hereby declare all the proceedings at and for
the said election valid as to and notwithstanding the
hereinbefore recited misfeasances or omissions.

FORSTER GORING,
Clerk of the Executive Council.

Regulations under "The Adoption of Children Act,
1881."

ARTHUR GORDON, Governor.

IN pursuance and exercise of the power and
authorities conferred by the eleventh section of
"The Adoption of Children Act, 1881," and of every
other power and authority enabling me in that
behalf, I, Arthur Hamilton Gordon, the Governor
of the Colony of New Zealand, do hereby make and
publish the following regulations under the said
Act.

1. In these regulations, if not inconsistent with
   the context, —
   "The Act" means "The Adoption of Children
   Act, 1881:"

[No. 1

"The Judge" means the District Judge to whom
any application under the Act is made:
"The Court" means the Court of the District
constituted under "The District Courts Act,
1858," to which the Judge to whom the appli-
cation is made may have been appointed:
"Order" means an order made under the Act.

2. Every application under section 3 of the Act
   shall set out the names and sex of the applicant, and,
   if the applicant be married, the names of the person
   to whom the applicant is married, of the child pro-
   posed to be adopted, and of the parents or parent
   or legal guardian of such child (and, in case of a
   deserted child, the facts relied upon in proof of such
   desertion), and all other facts upon which the appli-
   cant relies in support of the application. Such
   application, together with an affidavit verifying the
   same, shall be filed in the Court.

3. The Judge shall fix some convenient place and
   time for hearing the application.

4. The Clerk of the Court shall cause a notice of
   the place and time so fixed to be served upon the
   applicant personally, forty-eight hours at least be-
   fore the time appointed for the hearing.

5. The consent in writing of the parents or
   parent or legal guardian of the child proposed to be
   adopted shall be verified by affidavit, and filed in the
   Court.

6. Where the applicant is a married person a
   consent in writing (verified by affidavit) to the appli-
   cation shall be made by the person to whom such
   applicant is married, and shall be filed in the Court.

7. In all cases where the Judge thinks fit to take
   evidence upon oath such evidence shall be reduced
   to writing, and filed by the Clerk of the Court.

8. The order may be in the form in the Schedule
   hereunto annexed, or as near thereto as possible.

9. The provisions of section 2 of these regulations
   shall apply, as nearly as circumstances will permit,
   to applications made under section 8 of the Act, and
   the same procedure shall be had thereupon.

10. The order under section 8 of the Act shall be
    in the form in the Schedule hereunto annexed, or as
    near thereto as possible.

11. The Clerk of the Court shall keep a register-
    book, and shall record therein a copy of every order
    made under the Act. Such registered copy shall be
    verified under the hand of the Judge.

12. Any person desirous of obtaining the reversal
    and discharge of an order shall apply in writing to
    the Judge, and shall serve a copy of such application
    forthwith upon the person in whose favour such
    order was made.

13. The Judge shall appoint a time and place for
    hearing such application, and shall cause notice
    thereof to be served personally upon the person in
    whose favour the order was made and upon the
    person applying for the reversal and discharge of
    the order forty-eight hours at least before the time
    appointed for the hearing.

14. The Judge at the hearing of such application
    may take evidence upon oath or otherwise, as he
    shall think fit to require.

15. In all cases where an order is reversed and
    discharged a memorandum (signed by the Judge) of
    such reversal and discharge shall be written across
    the face of the registered copy of the order.

16. Every person interested may, upon the hearing
    of any application under the Act, appear personally
    or by a barrister or solicitor of the Supreme Court
    of New Zealand.

17. The schedule of forms and scale of fees here-
    unto annexed shall form part of these regulations.