324
THE NEW ZEALAND GAZETTE.
[No. 14

11. The Clerk of any Resident Magistrate’s Court with whom any copy of any such application shall be lodged shall at the time of receiving the same indorse thereon a minute showing the time when the same shall be received by him, and the person from whom the same shall have been received, and shall sign the same.

12. Such Clerk shall from time to time, when required by the Commissioners, forward to the Commissioners, in such manner as the Commissioners shall direct, any copy of any application received by him.

13. Every applicant shall from time to time give such further notices to such persons, and in such manner, as the Commissioners may from time to time direct.

14. Any person desiring to be heard in opposition to any claim (in these rules called “the objector”) may, fourteen days at least before the day appointed for hearing such claim, leave at the office, in the Government Buildings, in the City of Wellington, of the Registrar of the Native Land Court for the District of Wellington, the place appointed by the Commissioners as the place where applications for inquiry under the provisions of the said Act will be received on their behalf, a notice of his intention to oppose such claim, and may serve at the address for service given by the applicant a duplicate of such notice.

15. Every such notice shall be in the Form C in the Schedule hereto, or as near thereto as the circumstances of the case will permit.

16. Every such notice shall state the grounds upon which the person giving the same relies in support of his opposition to the application.

17. Every such notice shall state a place, to be called the address for service, within the nearest town to the land the subject of such application in which circuit sittings of the Supreme Court are held, at which any notice required or authorised by these rules, or required by the Commissioners to be given to the objector, may be left.

Any notice left at such place shall be deemed to be duly served upon the objector.

18. Notwithstanding that no notice of objection may have been given pursuant to these rules, or that any notice so given shall not have been given in due time, or that the same shall be irregular, the Commissioners may, upon the hearing of any claim, hear any person desiring to be heard in opposition thereto, upon such terms as to adjournment, payment of costs, and otherwise as the Commissioners shall think just.

19. Upon the hearing of any claim the practice and procedure of the Supreme Court with respect to addresses of counsel, calling witnesses, and otherwise, shall so far as practicable be followed, and upon such hearing the claimant shall be deemed to be the plaintiff, and the objector or objectors shall be deemed to be the defendant or defendants; but this rule shall not limit the power of the Commissioners at their discretion to hear the claimant and the objector or objectors in such order as the Commissioners may think fit, and, if they shall so think fit, to allow any witness to be called at any time.

20. Every notice required or authorised by these rules or directed by the Commissioners shall be written or printed in English, but there shall be annexed to every such notice which shall be given to any Native a Maori translation thereof.

21. Notices shall be deemed to be duly served when served personally upon the person sought to be affected thereby, or at his address for service.

22. If such person cannot be found, or is unknown, it shall be sufficient to publish such notice and the Maori translation thereof three times in the Gazette and Kahiti, and three times at least in some newspaper published in the district within which the land sought to be affected is situate, and, if there shall be no such newspaper, then in some newspaper published in the nearest district in which a newspaper shall be published. The special provisions of Rule No. 9 shall not be affected by this rule.

23. Before the personal service of any notice required by these rules shall be dispensed with, it shall be requisite that the Commissioners shall be satisfied that reasonable efforts have been made to find or to ascertain the persons sought to be affected by such notice.

24. The fees mentioned in the Second Schedule hereto shall be paid by the persons at the times and in manner set out in the said Schedule.

25. For the purpose of ascertaining the amount of the fees payable by the applicant upon the hearing of his claim, the value as assessed under the Property Assessment Act for the time being in force of the land or interest in respect of which the claim is made shall be deemed to be the value of such land or interest; and, if there shall be no such assessment, then the value of such land or interest shall, prior to the hearing of the claim, be ascertained by the Property Assessment Commissioner, or in such manner as he shall direct.

26. The cost of ascertaining the value of such land or interest shall be borne by the applicant.

27. Every application for inquiry shall be accompanied by a certificate, under the hand of the Property Assessment Commissioner, of the value of the land or interests in respect of which such application is made.

FIRST SCHEDULE.

A.—FORM OF APPLICATION.

“The Native Land Courts Act Amendment Act, 1889.”
To the Commissioners appointed under section 20 of “The Native Land Courts Act Amendment Act, 1889.”
TAKE notice that I, of , claim to have purchased or acquired the parcel of land described in the schedule hereto [or the interests of in the parcel of land described in the schedule hereto].

And further take notice that the particulars of the mode in which I claim to have purchased or acquired the said [interests in the said] land are as follows:—

[Here set out the particulars upon which the applicant bases his claim, referring to any documents upon which he relies shortly, and by reference to the copies annexed, and stating any other facts upon which he relies clearly, and with sufficient reference to dates, persons, and places.]

And I hereby apply that you shall inquire into all the circumstances attending the said alleged alienation or acquisition of the said interests in the said land.

Annexed hereto are certified copies of the original certificate of title or memorial of ownership or other instrument of the Native Land Court for the land in respect of which this application is made, and of every plan thereon, and of every instrument in writing, order of the Native Land Court, and other document upon which I rely in support of this claim, and of every attestation, translation, declaration, and other writing indorsed upon or appended to every such instrument, order, or other document.

My address for service is at , being a place within the town nearest to the land the subject of this application in which circuit sittings of the Supreme Court are held.

Dated this day of , 189 .

THE SCHEDULE ABOVE REFERRED TO.

[Here describe the land claimed fully.]

B.—FORM OF NOTICE OF APPLICATION.

“The Native Land Courts Act Amendment Act, 1889.”
NOTICE is hereby given that I, , of , claiming to have purchased or acquired the parcel of land situate at , and known as [or the interests of in the parcel of land situate at , and known as ], have, on the day of , 189 , left at the office, in the Government Buildings, at the City of Wellington, of the Registrar of the Native Land Court for the District of Wellington, the place appointed in that behalf by the Commissioners appointed under section 20 of the above-mentioned Act, an application pursuant to the said Act and to the rules made by the said Commissioners thereunder that the said Commissioners shall inquire into all the circumstances attending the said alleged alienation or acquisition of the said interests in the said land.

And notice is hereby further given that certified copies of such application, and of every instrument in writing, order of the Native Land Court, and other document upon which I rely in support of the said claim, have been deposited by me with the Clerk of the Resident Magistrate’s Court at , where the same are open for public inspection without payment of any fee.

And notice is hereby further given that every person desiring to be heard in opposition to my said claim is required to file and serve notice of such opposition, and of the grounds thereof, fourteen days at least before the day which shall be appointed for hearing my said claim, and in the form and in manner prescribed by the rules made by the said Commissioners.

And notice is hereby further given that my address for service is at , in the town of .

Dated this day of , 189 .

C.—FORM OF NOTICE OF OBJECTION.

“The Native Land Courts Act Amendment Act, 1889.”
To the Commissioners appointed under the 20th section of “The Native Land Courts Act Amendment Act, 1889.”
TAKE notice that I, , of , desire to be heard in opposition to the claim of , of , who claims to have acquired the [interests of in the] parcel of land situate at , and known as . And fur-