310
THE NEW ZEALAND GAZETTE.
[No. 14

Succession.

22. Applications for a certificate under sections 45, 47, or 48 of the said Act may be in the form numbered thirteen as to realty, and fourteen as to personalty, in the Schedule hereto.

23. A certificate under section 45 of the said Act shall be in the form numbered fifteen in the Schedule, and a certificate under sections 47 or 48 shall be in the form numbered sixteen.

24. A certificate or succession order will be delivered by the Registrar to the person entitled thereto after the expiration of three calendar months from the date of such certificate or order, or, if application for rehearing is made, after such application has been refused or a decision made upon rehearing had.

25. Any person applying to the Court for an order under section 9 of the said amending Act (1889) must produce to the Court satisfactory evidence that the deceased Native died possessed of personal estate not exceeding £200.

26. The Court may, if it think fit, require any person appointed to administer personal estate under section 9 of the said amending Act (1889), within such period as the Court, on making the order under that section, shall direct, to file in the office of the Registrar a full and distinct account, in writing, of his administration of the estate, which shall set forth the dates and particulars of all receipts and disbursements. Such period may be extended or diminished as the Court may from time to time think fit.

27. Before an order under section 9 of the said amending Act (1889) is delivered to any person appointed thereby to administer the estate of a deceased Native, the Court may, if it think fit, require sufficient security to be given by such person by executing a bond in the form numbered seventeen in the Schedule, with or without one or more sureties, for the proper administration of such estate.

28. An order under section 9 of the said amending Act (1889) may be in the form numbered eighteen in the Schedule. Such order shall not be delivered to the person entitled thereto until proof is produced to the Registrar that all succession duty, if any, has been paid.

29. If a will within the meaning of section 9 of “The Land Transfer Act 1885 Amendment Act, 1889,” has been made, and not revoked or varied by any subsequent writing intended to be a testamentary disposition, no certificate or succession order will be made in respect of the estate, share, or interest of the testator in any real estate affected by such will, unless and until probate of such will has been refused by a Court of competent jurisdiction.

30. The Registrar shall attach to each application for a succession order in respect of realty a minute stating whether the deceased person appears upon the title as an owner of the land in respect of which the application is made, and whether any previous order has been made in respect of his interest therein.

Removal of Restrictions.

31. An inquiry under section 17 of the said amending Act (1889) will be held only on the application of the Governor or the Native Minister.

32. An application to annul or vary any restrictions under section 6 of the said amending Act (1888) may be in the form numbered nineteen in the Schedule hereto.

33. An order annulling or varying restrictions under the said last-mentioned section may be in the form numbered twenty in the Schedule hereto.

Notice of Applications and Sittings of the Court.

34. In the absence of any special directions, notice of all applications, and of the sitting of the Court thereon, shall be in the form numbered twenty-one in the Schedule, and shall be inserted in the Kahiti in the Maori language. Notice of applications for partition and removal of restrictions shall also be inserted in the Gazette in the English language.

35. A copy of such notice shall be sent by post to each of the applicants whose applications are notified therein. Copies may also be sent to any other persons, for distribution or otherwise, if the Chief Judge shall think it necessary to do so.

36. An order of the Chief Judge appointing a time and place for the sitting of the Court shall be in the form numbered twenty-two in the Schedule. An order adjourning the sitting of the Court shall be in the form numbered twenty-three.

Notice of an order of adjournment made before the time appointed for the opening of a sitting shall be given in such manner as the Chief Judge may direct.

37. If an adjournment is made by the presiding Judge after the opening of a sitting it shall be sufficient if a minute of such adjournment be made in the minute-book of the Court.

38. An adjournment made by the Chief Judge after the opening of a sitting, when he is not presiding, may be notified in such manner as he may direct.

39. It shall be the duty of the Registrar to transmit all applications notified to be heard at any sitting of the Court, together with all plans and other documents relating thereto, and a copy of the notice, to the Judge who is to preside at such Court, whose duty it shall then be to obtain the attendance of an Assessor, and with him attend the Court at the time and place appointed, and hear and determine all matters properly brought before them.

40. It shall be the duty of the Chief Judge to provide a clerk and interpreter for the Court.

41. Notice of the intention to bring any other business before the Court in addition to that notified in the first instance may be given from time to time by publication in the Kahiti, or in such other manner as the Chief Judge may direct. Such notice shall be in the form numbered twenty-four in the Schedule hereto.

The Chief Judge may refuse to allow any such supplementary notice to be issued unless the parties applying deposit with the Registrar a sufficient sum to defray the cost of printing and circulating such notice.

42. Subject to these rules the Court shall decide upon the sufficiency of any notice.

Presiding Judge.

43. If more than one Judge be present at a sitting of the Court the senior Judge shall preside.

Procedure at Hearing.

44. If more than one application is received for the investigation of title to land it shall be in the discretion of the Court to decide which of the applicants shall be regarded as claimant for the purpose of conducting the case.

45. Upon any investigation of title to land, the claimant shall first proceed to establish a prima facie case without cross-examination by any counterclaimant or objector. If a prima facie case be established to the satisfaction of the Court, the counterclaimant or objector shall then proceed with his case. If there are more than one counterclaimant or objector, or party of counterclaimants or objectors, the Court shall decide the order in which their several cases shall be taken. The case of each counterclaimant or objector being closed, the claimant shall proceed with his case. Each counterclaimant shall then be entitled to address the Court in the prescribed order, and the claimant shall be entitled to reply.

46. The Court may, if it think fit, at any stage of the proceedings require each or any conductor for the parties before it to hand in a list in writing of the names of all persons who claim to be interested in the land or any part thereof in respect of the interest he represents.

47. The order of procedure in other matters shall be in the discretion of the Court.

48. If the Court refuse to decide upon any application, a minute, stating shortly the grounds of such refusal, and signed by the presiding Judge, shall be sufficient.

49. A minute shall be placed on every plan or other paper produced before the Court, and used as evidence, stating by whom the same was produced, and the date of its production. Such minute shall be signed by the presiding Judge.

50. No person shall be allowed to copy any plan produced in evidence in any proceeding without the leave of the presiding Judge being first obtained.

Witnesses.

51. A summons to witnesses may be in the form numbered twenty-five in the Schedule hereto, and may be addressed to any number of persons not exceeding four.

52. Service of a summons shall in general be made personally, but a Judge may, for good cause shown, direct that service in any particular case may be made in any other manner that will, in his opinion, be sufficient to bring the issue of the summons to the knowledge of the witness whose attendance is required. A summons to a witness to show cause why he should not be fined under section 3 of the said amending Act (1889) must be served personally.

53. Personal service may be effected by leaving with the witness a copy of the summons, sealed with the seal of the Court; but it shall not be necessary to show the original summons.

54. The person effecting service of a summons shall forward the original summons to the Judge who signed the same, with a statement of the manner and of the time and place of service indorsed thereon and signed by such person, with the addition of his place of residence.

55. A summons to show cause and an order for commitment under section 3 of the said amending Act (1889) may be in the forms numbered twenty-six and twenty-seven respectively in the Schedule hereto.

56. Witnesses’ expenses may be allowed, according to the scale in the Schedule hereto.

Rehearing.

57. An application for rehearing shall state shortly the grounds upon which such application is made.

58. The Chief Judge may require any applicant to furnish further and better particulars of the grounds of the application.