444
THE NEW ZEALAND GAZETTE.
[No. 18

shall have been granted for the same or refused: such cer-
tificate, if granted, shall be forwarded, together with the
title, to the District Land Registrar.
64. All orders required to be forwarded to the District
Land Registrar under paragraph 3 of section 73 of the Act
shall be in triplicate, and it shall be the duty of the Regis-
trar to forward one triplicate thereof to the Minister of
Crown Lands.

Appeal.

65. Notice of appeal may be given in Form No. 33. After
    notice of appeal has been given all subsequent proceedings in
    the matter of such appeal shall be deemed to be in the Ap-
    ellate Court, and shall be intituled accordingly.
66. Notice of appeal given before any proceeding shall
    have been finally completed shall be taken to have been given
    immediately after the date of the completion of such pro-
    ceeding: Provided that if notice of appeal be given on inter-
    locutory judgment the Court may, in its discretion, defer
    further proceeding in the matter before the Court until such
    appeal has been disposed of.
67. Where the same persons have been appointed suc-
    cessors in the same right to the interest of a deceased person
    in several blocks or parcels of land, it shall not be necessary
    to give separate notice of appeal in respect of each such suc-
    cession order, but the whole may be included in one notice
    and treated as one appeal for the purpose of fixing the
    amount to be deposited under section 85 of the Act.

Amendments.

68. Every amendment shall be signed or initialled by the
    Judge, or presiding Judge, at the time of making the same,
    and shall specify the date on which the same was made.
69. No amendment whereby the interest of any person
    may be prejudicially affected shall be made without due
    notice, nor until opportunity to show cause against such
    amendment has been given.
70. Where any question has been referred for the decision
    of the Court under section 73, the Chief Judge may make
    such amendment as may be necessary to give effect to such
    decision.
71. Any amendment as last aforesaid, and any amend-
    ment under section 39 of the Act, shall be by order under
    the hand of the Chief Judge, and shall be notified in the
    Gazette and Kahiti, or in one of them, as the Chief Judge
    shall in such order direct, and the date of such publication
    shall, for the purpose of appeal, be the date of the decision.
    An order dismissing any application under section 39 shall
    be notified in like manner.
72. The Chief Judge may refer to the Court or to a Judge
    for inquiry and report any application for amendment or any
    question in relation thereto, and the Court or Judge shall
    inquire accordingly, and shall report to the Chief Judge
    thereon.

Notice of Applications and Sittings of the Court.

73. In the absence of special directions, notice of all appli-
    cations, and of the sitting of the Court thereon, shall be in
    Form No. 34, and shall be inserted in the Maori language in
    the Kahiti. Notice of applications to annul or vary restric-
    tions, or for confirmation of alienation, or for partition, shall
    also be inserted in the Gazette in the English language.
74. Copies of such notice shall be sent by post to each of
    the applicants whose applications are noted therein, and to
    the Chief Surveyor and such other persons as the Registrar
    shall think necessary, or as the Chief Judge shall direct.
75. An order appointing a time and place for the sitting
    of the Court shall be in Form No. 35. Due notice of an
    order of adjournment made before the time appointed for
    the opening of a sitting shall be given by the Registrar.
76. If an adjournment is made 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.
77. 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 pre-
    side at such Court, whose duty it shall then be to obtain
    the attendance of an Assessor if requisite, and with him
    attend at the time and place appointed, and hear and deter-
    mine all matters properly brought before the Court.
78. Notice of intention to bring any other business before
    the Court in addition to that notified in the first instance
    may, with the sanction of the Chief Judge, be given from time
    to time; but parties applying for any special notification may
    be required to deposit with the Registrar a sufficient sum to
    defray the cost of printing and circulating the same.
79. A supplementary notice may be in Form No. 36.
    Subject to these rules, the Court shall decide upon the
    sufficiency of any notice.

Procedure at Hearing.

80. If more than one Judge be present at a sitting of the
    Court the senior Judge shall preside. It shall be the duty
    of the Judge, or of one of the Judges if more than one be
    present, to record the proceedings of the Court and the
    evidence in a minute-book to be provided for the purpose,
    which book shall be a record of the Court, and when com-
    pleted shall be retained in the custody of the Registrar.
81. If more than one application is received for the investi-
    gation 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.
82. Upon any investigation of title, the claimant shall
    proceed to establish a primâ facie case without cross-exami-
    nation by any counter-claimant or objector. If, in the
    opinion of the Court, a primâ facie case be established, the
    counter-claimant or objector shall then proceed with his case.
    If there are more than one counter-claimant or objector, or
    party of counter-claimants or objectors, the Court shall decide
    the order in which their cases shall be taken. The case of
    each counter-claimant or objector being closed, the claimant
    shall proceed with his case. Each counter-claimant shall
    then be entitled to address the Court in such order as the
    Court shall direct, and the claimant shall be entitled to
    reply.
83. The Court may, if it think fit, at any stage of the pro-
    ceedings 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 respect of the claim he re-
    presents.
84. Every list of names settled by the Court for inclusion
    in any order shall be signed by the presiding Judge and
    dated as of the day on which such list was read out in
    Court as approved. No alteration shall afterwards be made
    therein except in open Court, and with due notice to all
    parties affected.
85. The order of procedure in other matters shall be in the
    discretion of the Court.
86. The purport of every judgment delivered, whether
    final or interlocutory, shall be clearly stated in the minute-
    book, with the date on which the same was delivered.
87. If the Court refuse to decide upon any application,
    a minute, stating shortly the grounds of such refusal, signed
    by the presiding Judge, shall be sufficient.
88. A minute signed by the presiding Judge shall be
    placed on every plan or other paper produced in evidence,
    specifying the proceeding in which, and by whom, the same
    was produced, and the date of production.
89. No person shall be allowed to copy any plan produced
    in evidence in any proceeding without leave of the Judge
    first obtained.
90. The Court may dismiss any application on the ground
    of non-appearance of the applicant, or for want of proper
    prosecution, and upon such dismissal being recorded in the
    minute-book such application shall be discharged from
    further consideration of the Court, and shall be noted
    accordingly in the Register. Such dismissal shall be without
    prejudice to the right of the applicant to renew such appli-
    cation.

References under Section 73.

91. On the hearing of any matter referred under sec-
    tion 73 of the Act the Court shall give its decision in writing
    on each question referred, and shall notify such decision in
    open Court, with due notice to all persons interested. Such
    decision shall be entered in the minute-book of the Court,
    and signed therein by the presiding Judge, who shall trans-
    mit a signed copy thereof to the Chief Judge, with a certifi-
    cate of the date on which the same was delivered.

Injunction.

92. An order under subsection (9) of section 14 of the Act
    may be in the form or to the effect set forth in Form No. 37,
    or as near thereto as the nature of the case will admit.
93. Such order may be made on the application of any
    person party to any proceeding in the Court, or in the
    Appellate Court, in which any right to property the subject
    of such application is in question, and may be made either
    without notice or on such notice as the Court shall direct.
94. Every such order shall be subject to revocation at any
    time by the Court or a Judge, and may be filed in the office
    of the Supreme Court under section 35 of the Act, notwith-
    standing that the time within which notice of appeal may be
    given has not elapsed, or that notice of appeal has been
    given.

Witnesses.

95. A summons to witnesses may be in Form No. 38, and
    may be addressed to any number of persons not exceeding
    four.
96. Service of a summons shall be personal, but a Judge
    may direct that service in any particular case may be made
    in such other manner as will, in his opinion, be sufficient
    to bring the summons to the knowledge of the witness
    whose attendance is required. A summons to a witness to
    show cause under section 23 of the Act shall be in Form
    No. 39, and shall be served personally.