Mar. 7.] THE NEW ZEALAND GAZETTE. 443

produced is duly executed, and is the last will of the de-
ceased, and that probate of the whole or of any portion of the
estate ought to be granted, and if in the opinion of the Court
the applicant is a fit and proper person to obtain the same,
the Court shall grant probate or limited probate accordingly.

30. If the Court shall find that probate ought to be granted
    as aforesaid, but that the applicant is not a fit person, or is
    not the proper person, to obtain the same, the Court may
    dismiss such application, and may in its discretion, either at
    the same sitting or at any subsequent sitting, grant probate
    or limited probate to any fit person on application, either
    with or without further notice, as the Court in the exercise
    of its discretion may direct.

31. If there be no will, or if probate thereof be not applied
    for within one month from the death of the testator, appli-
    cation for grant of letters of administration may be made in
    Form No. 17 by any person claiming to be entitled thereto.

32. On the hearing of such application the Court may
    grant letters of administration to such applicant, or may in
    its discretion grant the same to any fit person on application,
    either with or without further notice, as the Court in the
    exercise of its discretion may direct.

33. Every person making application for grant of probate
    or administration shall be required to file a declaration by
    some person having knowledge of the facts deposed to, in
    the form or to the effect set forth in Form No. 18.

34. No probate or letters of administration shall be sealed
    until after the expiration of the time (thirty days) within
    which notice of appeal against the granting thereof may be
    lodged, or, if such notice has been lodged, until such appeal
    has been finally disposed of.

35. Every will or alleged will in respect whereof the Court
    shall have refused to grant probate shall remain in the cus-
    tody of the Registrar.

36. Every person other than the Public Trustee to whom
    probate or letters of administration shall be granted shall
    before obtaining the same give security in Form No. 19 for
    the proper administration of the estate of the deceased.

37. If any Native deceased shall have left property of a
    perishable nature, or which it is desirable in the interests of
    the estate should be at once realised, a Judge may, upon
    application by any person appearing to be interested therein,
    make an order authorising the sale of such property by some
    person in such order to be named, and may direct the pro-
    ceeds to be paid to the Public Trustee on account of the
    estate of the deceased. Or the Judge may authorise any
    person to take charge of the property of the deceased pend-
    ing the appointment of an administrator.

38. Every executor or administrator shall, within such
    respective periods as the Judge on granting probate or ad-
    ministration shall direct, or within such further periods as
    a Judge on application may thereafter direct, file in the
    office of the Registrar an inventory of the estate and effects
    of the deceased, and also 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 disburse-
    ments. Every inventory and account so filed shall be verified
    by declaration.

39. Grant of probate and of letters of administration, or
    of letters of administration with will annexed, shall be in
    the Forms Nos. 20, 21, and 22 respectively.

40. Every probate or administration granted by the Court
    shall, immediately on being sealed, be forwarded by the Regis-
    trar to the Deputy Commissioner of Stamps for the district
    for assessment of duty thereon, and shall not be delivered
    to the person entitled until such duty has been paid and
    satisfied.

Exchange.

41. Any two Natives owning land in severalty, or owning
    undivided interests in different blocks, or in different sub-
    divisions of the same block, and being desirous of effecting
    an exchange, may make application in Form No. 23, or ap-
    plication may be made to exchange land held in severalty
    for an undivided interest.

42. An application for exchange must be signed by each
    applicant personally, and be attested.

43. If the Registrar shall be satisfied that each of the
    applicants is the owner of the land or undivided interest in
    respect of which he makes application, and that the land is
    not subject to any restriction on alienation other than such
    as is removable by the Court, the Registrar shall proceed to
    notify such application for hearing in the manner provided
    with regard to applications generally.

44. The Court shall thereupon proceed to make the inquiry
    directed by the Act, and such other inquiry as it shall deem
    necessary, and if it shall appear to the Court that effect
    should be given to such exchange the Court shall make its
    order in favour of each of the applicants in Form No. 24.

45. If both the parcels of land to be exchanged are subject
    to the like restriction on alienation no order imposing or
    removing restrictions shall be necessary, but, until removed,
    the original restrictions shall remain. Restrictions imposed
    or existing in respect of exchanged land shall be notified in
    the order of exchange.

46. An application by the Governor for exchange of
    Crown land for land owned by Natives may be in Form
    No. 25.

Removal of Restrictions.

47. Applications to annul or vary restrictions may be in
    Form No. 26 or No. 27, as the case may require.

48. An order of Court annulling or varying restrictions
    may be in Form No. 28.

49. When application has been made to the Governor for
    removal of restrictions existing prior to the 30th August,
    1888, the Court shall, on such application being referred to
    it by the Minister, proceed as nearly as may be as if the
    same were an application to the Court in respect of restric-
    tions imposed since that date, but, in place of deciding on
    such application, shall make its report and recommenda-
    tion thereon to the Governor.

50. Such report and recommendation may be in Form
    No. 29, and shall be forwarded through the Minister.

Confirmation of Aliena tions.

51. Application to the Court to confirm any alienation
    shall be in Form No. 30, having the proper fee-stamps affixed.
    Before any such application is notified for hearing, the in-
    strument in respect of which the same is made must be
    lodged with the Registrar.

52. The Registrar shall thereupon cause such application
    to be notified for hearing at the first convenient sitting of
    the Court, and shall on request supply the applicant with
    printed copies of such notice for service on all persons inter-
    ested in the subject-matter of the application.

53. The Court may in all cases require personal service
    of such notice to be proved to the satisfaction of the Court by
    declaration or otherwise before proceeding with the applica-
    tion: Provided that the Court may in any case dispense
    with personal service if satisfied that sufficient notice has
    been given.

54. It shall be incumbent on the applicant to supply the
    Court with all necessary information as to the title to the
    land the subject of such application, and to furnish the
    Court with such certified copies of or extracts from the Land
    and Deeds Register or the records of the Native Land Court
    as may be requisite for that purpose.

55. A declaration in the Form No. 31 made by any Native
    signing the instrument the subject of such application may,
    at the discretion of the Court, be received as evidence of the
    facts therein stated or any of them, but it shall not be
    obligatory on the Court to receive such evidence.

56. The confirmation order shall be in Form No. 32, and
    shall be indorsed on the instrument in respect of which such
    confirmation is granted. The instrument shall then be
    returned to the Registrar for delivery to the person entitled.

57. When an order of confirmation is refused a memoran-
    dum of such refusal, signed by the Judge, shall be trans-
    mitted with the instrument to the Registrar, and shall be
    recorded on the register. The Registrar shall, before re-
    turning such instrument, note thereon a reference to the
    entry in the register recording such refusal.

58. No confirmation order shall be signed or sealed until
    after the expiration of fourteen days from the granting
    thereof by the Court, or, if notice of appeal has been given,
    until such appeal has been finally disposed of.

Orders.

59. All orders of Court shall be in duplicate, and, where
    necessary for the purpose of complying with any regulation,
    shall be in triplicate.

60. It shall be the duty of the Clerk of the Court, without
    any unnecessary delay, to draw up and complete as far as
    possible and to forward to the Registrar all orders made by
    the Court or Judge to whose Court such Clerk is attached.
    Such order, if unsigned, shall be initialled by the Judge or
    one of the Judges making the same before being forwarded
    to the Registrar.

61. No order in pursuance of any judgment in respect of
    which an appeal is allowed by the Act, other than orders
    under sections 53 and 56, and subsection (9) of section 14, shall
    be signed or sealed until after the expiration of three months
    from the date of the judgment, or, if notice of appeal has been
    given, until such appeal has been finally disposed of. This
    rule shall not apply to probates or letters of administration.

62. No order conferring title to land shall be signed or
    sealed unless the plan upon which such order is based shall
    have been signed as "approved" by a Judge of the Court,
    and a diagram in accordance therewith shall have been
    indorsed on such order, or unless the Chief Surveyor shall
    have certified that the land is described in such order with
    sufficient accuracy for the purpose of provisional registration.

63. No order or other instrument of title shall be de-
    livered to the person entitled thereto, or forwarded for inclu-
    sion in the Land Transfer Register under section 73 of the
    Act, until all fees due to the Court in respect thereof, and all
    moneys due for survey of the land the subject thereof, have
    been fully satisfied, or until a certificate under section 67