Mar. 1.] THE NEW ZEALAND GAZETTE. 337

applying to any uncontested case any of the facts proved in other cases in the same block of land, or so as to prevent the Court from concluding from such facts that the contract or agreement in said uncontested case ought not to be validated notwithstanding that no objector to its validation has appeared.

Recording Evidence.

48. All evidence given in Maori at the hearing before the Court shall be written out in Maori at the time it is being given, and shall be read over to the witness, and, after it has been acknowledged by him to be correct or has been corrected by him as the case may be, shall be signed by the witness and countersigned by the Interpreter.

49. All evidence given in English shall be written out by the Clerk of the Court at the time it is being given, and shall be read over by the witness, and, after it has been acknowledged to be correct or has been corrected by him as the case may be, shall be signed by the witness and countersigned by the Clerk.

The English translation given in Court by the Interpreter of the evidence of each Maori witness shall be recorded by the Clerk, and signed by the Interpreter and by the Clerk.

Such written evidence in Maori and English, and such translation when so signed as aforesaid, shall become records in the case then being heard, and for all purposes shall thenceforth be treated by all Courts as the evidence that was then given and the translation that was then made to the Court.

Voluntary Arrangements.

50. Every voluntary arrangement between parties made under the 19th section of the Act shall be signed either by the parties to it, respectively appearing in person before the Court, or by the person who appears on their behalf as counsel, solicitor, agent, or conductor, as the case may be. It shall be sealed with the seal of the Court, and filed in the Court on payment of the fees set forth in the schedule in that behalf. No voluntary arrangement shall be of any effect until an order or decree is made by the Court giving it effect.

Surveys and Valuations.

51. The Judge may order surveys, or valuations, or both, of the whole or any part of any block brought before the Court, and whether the transactions to be validated relate to the whole or only to part thereof.

The Judge may direct by whom, and at whose cost, such surveys and valuations are to be made in the first instance, and the Court may afterwards order by whom it shall be paid ultimately on the final settlement and adjustment of conflicting interests, and may apportion the cost amongst the parties before it as shall be just.

Plans.

52. No party shall have the right without leave of the Court to use before the Court any plan not certified by the proper officer of the Government Survey Department as sufficient for use before the Native Land Court; but the Court may use any plans, whether sketch-plans or approved plans, at the hearing if in the opinion of the Judge the insufficiency or inaccuracy of the plan used will not prejudice the rights of any party in the settlement of the questions then before the Court for decision.

No order conferring title to land shall be issued out of the Court unless and until the said land shall have been correctly surveyed to the satisfaction of the proper officer of the Survey Department, and unless and until a correct plan of such survey shall be made and certified as correct by the proper officer of said department, so that it shall be a sufficient foundation for the issue of a title to said land by the proper officer of the Land Transfer Department; and every order of the Court conferring title to land shall have indorsed thereon a copy of the plan of the said land certified as last aforesaid.

Partitions, Succession-orders, Appointment of Trustees, &c.

53. The Court, or Judge, when exercising its powers in any matter within the jurisdiction of the Native Land Court, shall conform as far as possible to the usual course and practice of that Court, and shall be guided as far as possible by its rules of procedure; and duplicates of all orders made on partition, or on granting rights of succession to deceased persons, or on appointing trustees for owners in a block held under Native Land Court title, shall be furnished to the Registrar of the Native Land Court of the district for record therein according to the course and practice of that Court.

Native Land Court Files.

54. The documents filed in the Native Land Court Registry respecting any block of land any part of which is the subject of litigation in the Court shall be furnished by the Registrar of the Native Land Court for use in the Court, pending the litigation therein, upon a requisition or order from the Judge.

Orders and Decrees.

55. The Court shall use a seal wherewith shall be authenticated every order and decree issued out of the Court. Every order and decree shall be signed by the presiding Judge, and shall be dated on the day on which it was made, and shall, unless the Judge otherwise order, disclose the following particulars:—

A. The names of all persons whose interests are to be bound by the order or decree, distinguishing those who appeared before the Court from those who failed to appear.

B. Every order or decree affecting the ownership of land shall describe the land affected sufficiently for the purposes of the Land Transfer Department. It shall describe every person to whom is given any right or interest in said land, the nature and extent of the interest given, and the incumbrance (if any) to which it is to be subject. It shall set forth every condition declared to be precedent to the vesting of any estate given; and it shall have indorsed a map approved by the proper officer of the Government Survey Department, showing said land sufficiently for its identification. It shall declare what previous titles (if any) to the said land have been ordered to be cancelled as inconsistent with the title given by the Court, and what registrations may be cancelled by the Registrar of the Public Registry whereon they are registered. There may be signed and sealed so many copies as shall enable one to be recorded in the Court, one to be transmitted to the Governor, one to be given to each party requiring a copy, and also one when required for filing as a record in the Native Land Court under Rule No. 67 (post), and one for filing in the Supreme Court for enforcement under section 14 of the Act.

C. Every order or decree directing payment of money shall declare the amount ordered to be paid, the persons by whom and to whom it is to be paid, and the date when payment is to be made. It shall disclose the nature of the claim made for such payment and allowed by the Court, and shall state whether the payment was allowed as damages in the nature of a demand founded on a contract, express or implied, or as damages for some wrongful act.

D. Every order or decree directing the performance by any person of a specific act, matter, or thing (such as the delivery of possession of land or goods or chattels) shall clearly set forth the act, matter, or thing ordered to be done, the date when it is to be done, and the person by whom it is to be done.

E. Every order or decree forbidding the performance of any act, matter, or thing shall clearly set forth the act, matter, or thing forbidden, the person or persons forbidden to do it, and (if limited) the time during which it is forbidden to be done.

F. Every order or decree founded or partly founded on a voluntary arrangement between any of the parties before the Court shall state that fact, and shall have attached to it a copy of the memorandum of the said arrangement, certified by the seal of the Court.

G. Every order or decree correcting any technical mistake or error or omission or irregularity only in any instrument of title in respect whereof an order of the Court has been made shall set forth what that technical mistake, error, omission, or irregularity is.

56. No order or decree shall be void or inoperative because it fails to show any one or more of the particulars hereinbefore required to be shown in that class of order or decree; but any party aggrieved by the omission of any such particulars may apply to the Judge to amend the order or decree, and all such amendments may be made as shall be requisite to render it effective for the purposes intended by the Court, and it shall be no objection to such amendment that the matter thereof was not mentioned at the time when the order was pronounced.

Amendments, Errors, &c.

57. Any and every omission, error, and defect in any record of the Court, or in any document or instrument filed therein, may be amended by the Judge at any time, and whether there be anything in writing to amend by or not, and whether the defect or error be that of the party applying or not; and all amendments shall be made that may be necessary for the purpose of determining the real controversy between the parties, and may be made upon such terms as to costs, notice to the opposite party, or otherwise as the Judge shall think just.

Carriage of Proceedings.

58. The successful party shall be entitled to prepare the draft of each order and decree of the Court for approval of the Judge, and he shall lodge his draft with the Registrar, and shall give notice to the other parties interested to attend before the Judge for its settlement. If, for ten days after the order or decree was pronounced, the successful party shall neglect to submit such draft for approval, then any other party interested may in like manner submit a