338

TH E NEW ZEALAND GAZE TTE.

[No. 16

draft, and give a like notice to the other parties. The
Judge shall not be bound to adopt the draft proposed by any
party if, in his opinion, it does not correctly express the de¬
cision of the Court. The costs of prcpariug such draft for
approval shall be in the discre'tion of the J uclge.

If no party shall lodge for submi ssion to the J uclge any
draft within twen ty days after the decision is pronounced,
then the order or decree may be treated by the J uclge as
abandoned, and the proceediugs it refcrs to as at an end, or
the J uclge may at his option himself prepare the order or
decree.

59. No final order or decree affectiug title to land shall be
    issued from the Court, nor shall any copy of such order or
    decree be delivered to any person (except for purposes of ap¬
    peal therefrom to the Court of Appeal of New Zea land),
    until after the ex pira'tion of the times and until the happen¬
    ing of the events referred to in the 16th section of the Act.

Fees payab le on Decrees, &c.

60. So soon as the Court shall have pronounced its order
    or decree giving to any person or persons any estate or in¬
    terest in a specificparcel of land, there shall forthwith
    be come due to Her Ma jesty the Queen by such person such
    fees, calcu lated by way of percentage upon the value of said
    estate or interest, as are set forth in that behal fin the T hird
    S chedule hereto.

61. So soon as the Court shall have pronounced its order or
    decree giving a right to any person to en force payment of
    m oney, there shall forthwith become due to Her Ma jesty the
    Queen by such person such fees, calcu lated by way of per¬
    centage on the said money ordered to be paid, as are set
    for th in that behal fin the T hird S chedule hereto.

62. All fees shall be pa yable to the Regi strar of the Court,
    as a debt due to Her Ma jesty; and the Regi strar, at any
    time, and whether the said order or decree shall have been
    reduced to writing or not, and whether it shall have been
    abandoned by the party en titled to claim under it or not, may
    apply to the Court for an order directi ng payment of said
    fees to the said Regi strar on behal f of Her Ma jesty by the
    person or persons deemecl by the Court liable for the payment
    thercof, and all such remedies for enforcement of the said
    order, whether by execution against the property or person
    of the debtor or debtors, may be taken as can be taken in
    res pect of any other debt declared due by the order of the
    C ourt. The said debt shall be payab le to Her Ma jesty not¬
    withstandiug any appeal pendiug or allowed against the said
    order or decree, and notwithstandiug any diffi culty or delay
    in the vestsing of the estate so given by the said order or de¬
    crec: Provided always that it shall be lawful for the Court
    of Appeal of New Zea land to vary in its discre'tion such order
    for fees pa yable to Her Ma jesty, in such manner as shall
    appear to the said Court of Appeal to be just; also provided
    alwa vs that nothing herein contained shall be so con strued
    as to limit other rights and remedies (if any) of Her Ma jesty
    for enforcing payment of said fees.

How Value of Land to be ascertained.

63. For the purpose of ascertaining the fees pa yable to Her
    Majesty by way of percentage on the value of any estate or
    interest in land, the value of the said land as asscssed under
    the Land and In come Assessment Act for the time being in
    force shall be deemecl the value of said land for the purpose
    of esti ma'ting the value of the said estate or interest. If
    thcre be no such assessment, then the value of the said
    estate or interest in land shall be asscssed by the Govern¬
    ment officer appoi nted for that purpose, or in such manner
    as he may direct.

64. The cost of ascertaining the said value shall be borne
    by the person liable as aforesaid for the payment of the said
    fees, and it may be added to the sum pa yable by him to Her
    Majesty for percentage as hereinbefore mentioned, either in
    the order directi ng payment of said fees or in a prior or sub¬
    scqucnt order of the Court.

65. No order or decree giving any estate or interest in land,
    or giving the right to claim payment of money, shall be issued
    from the Court offi'ces until the Regi strar shall be sa tisfi ed
    that payment of all fees by way of percentage, and all costs
    and charges pa yable to the Court or Regi strar, have been
    ma cle to Her Ma jesty.

A llowance of Fees paid under previous Vali dation A cts as
Fees under this Act.

66. Any applica'nt who made an application for similar
    relief to the Commi ssioner's Court referred to in "The
    Nati ve Land Court A cts A mendment Act, 1887," or who
    ma cle an application for similar relief to the Nati ve Land
    C ourt under " The Nati ve Land (Vali dation of Titles) Act,
    1892," but whose case was not heard, may apply to the
    J uclge of the Court for an order directi ng that the said fees
    paid by him, or some specified portion thereof, shall be
    allowecl to him as fees paid to Her Ma jesty the Queen in ac¬
    cordan ce with these rules. And all fees so paid in the said
    C ommissioner's Court or Nati ve Land Court, and allowed by
    the said order as fees under these rules, shall be treated as
    pa yments on account of fees pa yable under these rules.

Order for Partition by the N ati ve Land Court.

67. W hcn ever the Court shall order or decree that an
    estate or interest in a share in some undivided block of land
    sh all be given to any person or persons, the Court may, if it
    thiuk fit, direct a pa'rtition of the said block to be made by
    the Nati ve Land Court, and may grant to such person or
    pcrsons its order directi ng such pa'rtition, and thereupon
    the Chief J uclge of the Nati ve Land Court, on re ceipt of a
    duplicate of the said order, and on payment to the Regi strar
    of the Nati ve Land Court of all such fees and ex penses as
    are required by the course and practice of that Court by ap¬
    plicants for pa'rtition, shall direct the order or decree of the
    C ourt for the pa'rtition of the said block to be notifi ed to all in¬
    terested persons, and a pa'rtition to be made according to the
    said course and practice of the Nati ve Land Court, or in such
    other manner as the Chief J uclge shall think the circum¬
    stances demand; and thereupon such proceediugs shall be
    hac1 and such steps taken before the Nati ve Land Court as
    sh all be necessary for the making of a pa'rtition between the
    person or persons declared by the Court enti tled to said share
    or interest and the other owners of shares and interests in the
    said block. And after a final pa'rtition order in accordan ce
    with the course and practice of the Nati ve Land Court shall
    hac1 been made and issued to the person declared enti tled
    under the said decree of the Court, the land so pa'rtitioned
    to him shall be the land to which the said person shall be
    deemecl enti tled under his decree, and thereupon a final de¬
    crec adjuclging the said land for the estate and interest before
    then given shall be issued to such person or persons accord¬
    ingly; and thereupon all such proceediugs may be taken
    and orders made as might have been taken and made had
    the said pa'rcel of land been originally adjuclged by the Court
    to belong to the said person.

Decrees, when enfor ceab le.

68. Nothing in these rules shall be con strued so as to
    prevent the enforcement of any decree or order of the Court
    b ecause other matters in litigation between the parties still
    rem ain for settlem ent by the Court. But the J uclge may
    dir eet that any order or decree shall remain inoperati ve in
    w hole or in part until after the happeniug of some event, or
    until after the arri val of some future date.

Costs.

69. The Court may allow to any party in any proceediug
    b efore it costs between party and party on such scale as it
    sh all de em reasonable, or it may declare the sum that shall
    be pa yable without stati ng any particular s or scale of
    charges.

When costs are not provided for in the order or decree
ma cle none shall be chargeable against the opposite parties or
any of them, but nothing herein expressed shall prevent the
client being answerable to his soli citor or agent for a fair
remun eration for his work.

L and under N egotiation for Sale to Her Ma jesty.

70. The Minister of Lands shall cause to be furni sh ed
    to the Court from time to time a list or lists of lands hereto¬
    for e or to be hereafter notifi ed by the Govern or in the G azette
    or K ahi ti as lands proposed to be a cquired by Her Ma jesty,
    together with the date of each such notifi cation by the
    G overn or.

Appeals.

71. Any party aggrieved by the decision of the Court in
    m atter of law (except as to the improper re ception of evi¬
    dence) may fi le with the Regi strar, within thi rty days after
    the making of the decision, a notice of intention to appeal
    to the Court of Appeal of New Zea land, setti ng forth all his
    grounds of obj ection to said decision, and signed by him or
    h is agent. He shall at the time of fi ling pay to the Regi strar
    the fee set forth in that behal fin the Fourth S chedule. He
    sh all immediately after fi ling deliver copies of said notice of
    appeal to the parties in whose favour the decision of the
    C ourt was made, by leaving same at their registered place
    for service. If any party enti tled to resi st the appeal has
    failed to register a place for service, then the appellant shall
    deli ver a copy to the Regi strar for posta ge, in the manner
    descri bed in R ule 21. Such notice of appeal shall name a
    time for settlem ent of a special case before the J uclge in
    C hambers.

72. W i thin fourt een days after the fi ling of the said notice
    of appeal, or within such extended time as the J uclge may
    allow, a special case may be agreed upon between the J uclge
    and the parties who attend before him, and such special case
    sh all be signed by the J uclge and said parties or their agents,
    and sea led with the Court sea l. It shall then be forwarded
    by the Regi strar to the Regi strar of the Court of Appeal of
    New Zea land, with such other documents, if any, as shall
    be directed by the J uclge.

73. If no special case is agreed upon between the J uclge
    and the parties, then the Regi strar, on pa yment by the
    appell ant of the fees for copyi ng proceedi ngs set forth in
    the Fourth S chedule hereto, shall forward to the said