Num. 23.

317

THE

NEW ZEALAND GAZETTE.

Published by Authority.

WELLINGTON, THURSDAY, MARCH 15, 1883.

Regulations under “The Adoption of Children Act, 1881.”

Wm. F. DRUMMOND JERVOIS,
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, William Francis Drummond Jervois, the Governor of the Colony of New Zealand, do hereby revoke the regulations made herein on the third day of January, one thousand eight hundred and eighty-two, and published in the New Zealand Gazette of the fifth day of January, one thousand eight hundred and eighty-two, and do hereby make and publish in lieu thereof 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.”

“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 application is made may have been appointed:

“Order” means an order made under the Act.

2. Every application under section three 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 proposed 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 applicant 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. If, from any cause, the applicant is unable to attend personally upon the application, the Judge may dispense with such personal attendance on such terms as he may think fit.

5. 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 before the time appointed for the hearing.

6. 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.

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

8. 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.

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

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

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

12. 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.

13. 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.

14. 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.

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

16. 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.

17. 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.

18. The schedule of forms and scale of fees hereunto annexed shall form part of these regulations.

———

SCHEDULE.

“THE ADOPTION OF CHILDREN ACT, 1881.”

Order for the Adoption of a Child under Section 3 of the Act.

COLONY OF
NEW ZEALAND,
PROVINCIAL
DISTRICT OF
TO WIT.

Be it remembered that, on the day of , 18 , application was made to me, , a District Judge, sitting at , by , of , for an order to adopt , now aged : Now I, the said District Judge, having read the application of the said , and heard the evidence of , and being satisfied that* , and that the applicant is of sufficient ability to bring up such child, and that the interests of the said will be promoted by such adoption, do hereby order and adjudge that the said may be adopted by the said .

Given under my hand at , this day of , 18 .

District Judge.

• Here insert whether the application is made with the consent of the parents or parent or legal guardian, or whether such child is a deserted child; and, where the applicant is a married person, that the consent of the person to whom such person is married has been given to the application.