1352
THE NEW ZEALAND GAZETTE.
[No. 72
true, he shall in his defence set forth that the libel or slan-
der complained of is true in substance.
29. If in any such case the defendant intends to rely upon
an apology in mitigation of damages under section 1 of 6
and 7 Vict., cap. 96, or upon an apology and payment
into Court by way of defence under section 2 of that Act, he
must give notice in writing of such intention, signed by him-
self or his solicitor, to the Clerk five clear days before the day
appointed for the trial.

Evidence.

30. The forms of process and proceedings for the time
    being in use under "The Resident Magistrates Evidence
    Act, 1870," with such alterations as may be necessary to
    adopt the same to the practice in District Courts, may be
    used in all proceedings under section 10 of "The District
    Courts Acts Amendment Act, 1888."

Discontinuance and Disclaimer.

31. If the plaintiff desires to discontinue the suit or
    matter against all or any of the parties thereto he shall give
    notice in writing to the Clerk, and by post or otherwise to
    the party or parties as to whom he so desires to discontinue
    the suit or matter; and after the receipt of such notice the
    party may apply for an order against the plaintiff for the
    costs incurred before the receipt of such notice, and of
    attending the Court to obtain the order.

32. The defendant may file a statement disclaiming any
    interest in the subject-matter of the suit, or admitting or
    denying any of the statements in the plaintiff's particulars,
    or raising any question of law on such statements without
    admitting the truth thereof, or he may therein state con-
    cisely any new fact or document upon which he intends to
    rely as a defence or to bring to the notice of the Court, and
    a copy thereof shall be transmitted by the Clerk to the
    plaintiff: Provided that, in exercising his discretion as to
    costs, the Judge shall consider the fact of a defendant having
    or not having availed himself of the powers given by this
    rule.

Discovery and Inspection of Documents.

33. Upon the application of either party, and an affidavit of
    belief that any documents to the production of which he con-
    siders he is entitled for the purpose of discovery or other-
    wise are in the possession or power of the opposite party, the
    Court may order that the party against whom such applica-
    tion is made (or, if such party is a corporate body, that some
    officer, to be named for such body) shall answer on affidavit,
    stating what documents he has in his possession or power
    relating to the matters in dispute, or what he knows as to
    the custody they or any of them are in, and whether he
    objects (and, if so, on what grounds) to the production of such
    as are in his possession or power; and upon such affidavit
    being made the Court may make such further order thereon
    as shall be just.

34. Where plaintiff or defendant is desirous of inspecting
    any document or instrument in which he has an interest,
    and to the production of which he is entitled for the pur-
    poses of the suit, and which shall be in the possession or
    power or under the control of the other party, such plaintiff
    or defendant may give notice to the party that he or his
    solicitor desires to inspect any such document or instru-
    ment, describing the same, at any place to be appointed by
    the other party. If such other party neglect or refuse to ap-
    point such place, or to allow such plaintiff or defendant or his
    solicitor to inspect such document or instrument within two
    days after receiving such notice, the Court may, in its dis-
    cretion, on the day of hearing adjourn the cause, and make
    such order as to costs as it shall think fit.

Forms.

35. The Clerks of Courts shall frame the forms required
    under these rules, using as guides the forms of proceedings
    already in use under the present rules and orders regulating
    the practice of District Courts.

Matters not provided for.

36. If any matter arise for which no form of procedure is
    provided, the Court shall dispose of such matter as nearly as
    may be in accordance with the rules affecting any similar
    case, or as nearly as may be in accordance with the rules for
    the time being in force under "The Supreme Court Act,
    1882," or, if there are no such rules, in such manner as such
    Court shall deem best calculated to promote the ends of
    justice.

RIVERSDALE WALROND,
Acting Clerk of the Executive Council.

Altering Districts under "The Supreme Court Act, 1882."

ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Dunedin, this sixteenth day
of December, 1889.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
IN pursuance and exercise of the powers and authorities
in that behalf conferred upon him by "The Supreme
Court Act, 1882," His Excellency the Governor of the Colony
of New Zealand, by and with the advice of the Executive
Council of the said colony, doth hereby alter the limits of
the Northern and Wellington Judicial Districts, as at present
constituted under the said Act, by including in the said
Northern Judicial District that portion of the said Wellington
Judicial District which is described and set forth in the
Schedule hereto, and by excluding the said area from the
Wellington Judicial District; and also doth order and declare
that the alteration hereby made shall take effect on and
after the twentieth day of December instant.

SCHEDULE.
ALL that area partly in the Provincial District of Auckland
and partly in the Provincial District of Hawke's Bay
bounded towards the north, the east, and the south by
the ocean from Matakaoa Point to Waipapa Stream,
in Hawke's Bay; thence towards the south-west by a right
line drawn from the mouth of the said Waipapa Stream in
the direction of the south-western angle of Whakatane
County to its intersection by another right line joining
Matakaoa Point aforesaid and the north-western angle of the
Provincial District of Hawke's Bay; and thence towards the
north-west by the latter line to Matakaoa Point aforesaid.

RIVERSDALE WALROND,
Acting Clerk of the Executive Council.

Fixing Sittings of the District Courts of Nelson and
Westland.

ONSLOW, Governor.

IN pursuance and exercise of the power and authority in
this behalf enabling me, I, William Hillier, Earl of
Onslow, the Governor of the Colony of New Zealand, do
hereby fix and appoint that sittings of the District Courts of
Nelson and Westland, for civil and criminal business, shall
be held as follows, from and after the first day of January
next, in lieu of those previously fixed and appointed :-

Nelson District.
In the Courthouse, Nelson, on the 15th January.

Westland District.
In the Courthouse, Westport, on the 20th January.
In the Courthouse, Reefton, on the 25th January.
In the Courthouse, Greymouth, on the 27th January.
In the Courthouse, Hokitika, on the 31st January.
Provided that in case any of the days so fixed as aforesaid
shall happen to be a holiday, then the Court appointed for
that day shall be holden on the first day thereafter not being
a holiday.

As witness the hand of His Excellency the Governor,
this sixteenth day of December, one thousand
eight hundred and eighty-nine.

T. W. HISLOP.

Officer appointed to grant Licenses under Section 15 of
"The Licensing Act Amendment Act, 1882."

ONSLOW, Governor.

IN pursuance and exercise of the powers and authorities
vested in me in that behalf by "The Licensing Act
Amendment Act, 1882," I, William Hillier, Earl of Onslow,
the Governor of the Colony of New Zealand, do hereby
appoint the Chairman for the time being of the Wairio
Licensing District to exercise, in terms of section fifteen of
the said Act, a special authority in the granting of publicans'
licenses within the district the limits of which are defined
in the Schedule hereto.

SCHEDULE.
ALL that area in the Provincial District of Otago bounded
towards the north-east generally by the summit of the water-
shed from McKinnon's Pass, over Mount Anau and David
Peaks, to the saddle between Pass Burn and the source of
the Mararoa River; thence towards the south-east by a right
line to the said source; thence by the Mararoa River afore-
said to the North Mavora Lake; thence by that lake and
the Mararoa River aforesaid to the South Mavora Lake;
thence by the latter lake and again by the Mararoa River