✨ Regulations for Telegraphic Service of Notices
April 4.] THE NEW ZEALAND GAZETTE. 609
colony, doth hereby revoke the said regulations so made
as aforesaid, and in lieu thereof doth hereby make the regu-
lations set forth in the Schedule hereto, and, with the like
advice and consent as aforesaid, doth declare that this
Order in Council shall come into force on the first day of
April next.
SCHEDULE.
REGULATIONS.
-
In these regulations the following words shall have the
meanings hereby respectively assigned to them, unless the
context requires a different construction:—
"The said Act" means "The Electric Lines Act,
1884:"
"Notice" shall include all notices or documents or pro-
cesses issued out of the Supreme Court, District
Court, or Court of Bankruptcy, which may be
ordered by such Court to be served by telegraph,
or any notice which any such Court or a Judge
thereof may authorise to be so served, and any sum-
mons by an Official Assignee or Deputy Assignee
issued under the provisions of the Bankruptcy Acts
for the time being in force:
"Transmitting Officer" means the officer of the Tele-
graph Department who receives any notice for
transmission by telegraph, and whose name and
address have been gazetted in terms of section 36
of the said Act:
"Receiving Officer" means the officer of the Telegraph
Department to whom any notice is transmitted for
service, and whose name and address have been
gazetted in terms of section 36 of the said Act. -
On the first receipt of any notice in a telegraph office
for service in terms of section 34 of the said Act, such notice
shall forthwith be transmitted to the Receiving Officer at
the telegraph office in the place where the same is required
to be served, and on receipt of such notice by such Receiving
Officer he shall retransmit such message to the Transmitting
Officer for verification. -
On such notice being properly verified by the Trans-
mitting Officer, and (if necessary) again transmitted to the
Receiving Officer, the latter shall forthwith cause the same
to be copied in duplicate on foolscap paper, and one of such
copies shall be served on the person to whom the notice is
addressed, the other of the said copies shall be retained in
the telegraph office. -
Upon such service being effected, the person serving
such notice shall indorse upon the duplicate copy so retained
a declaration of service in the form or to the effect contained
in Form No. 1 at the foot of this Schedule. -
Service shall in all cases be personal, and, where such
personal service cannot be effected, a special indorsement to
the effect set forth in Form No. 2 at the foot of this Schedule
shall be made upon the duplicate copy so retained as afore-
said: Provided that, before such personal service is dis-
pensed with, proof shall first be given to the satisfaction of
the Receiving Officer that reasonable efforts have been made
to effect such personal service. Such Receiving Officer shall
certify the fact at foot of any such special indorsement as
aforesaid in the manner set forth in the Form No. 2A at the
foot of this Schedule. -
Immediately after effecting or failing to effect service
of any notice, the Receiving Officer shall notify the fact of
service, or that service has not been effected (as the case
may be), by telegram addressed to the Transmitting Officer,
and shall require an acknowledgment of such notification
by telegram forthwith, and shall also forward by post the
duplicate copy of the notice with indorsements thereon in
the forms Nos. 1 and 3 or forms Nos. 2 and 2A at the foot of
this Schedule, as the case may require, to the Transmitting
Officer, by whom the same shall thereafter be treated as
prescribed in clause 8 of these regulations. -
The telegraphed copy from which the Receiving Officer
caused the said duplicate copies to be made shall be
separately posted by the Receiving Officer by the first con-
venient opportunity to the Accountant at the General Post
Office, and shall be separately filed by the said Accountant
for the period of one year from the date of receipt thereof,
and shall then be destroyed in the same manner as other
telegrams are periodically destroyed. -
On receiving the telegraphic notification provided for in
clause 6 hereof, the Transmitting Officer shall indorse on the
original notice deposited with him for transmission a certi-
ficate to the effect contained in Form No. 3 or Form No. 4
set forth at the foot of this schedule, as the case may be, and
shall retain such original notice to await the arrival by post
of the duplicate copy from the Receiving Officer. -
On receiving such duplicate copy the Transmitting
Officer shall satisfy himself of the correctness of the in-
dorsements thereon, and shall thereupon deliver up the
original notice bearing his own indorsement as hereinbefore
provided to the person by whom such notice was deposited for
transmission, and shall forward the duplicate copy received
from the Receiving Officer to the Accountant of the General
Post Office, by whom it shall be separately filed for the
period of one year from the date of receipt thereof, and shall
then be destroyed in the same manner as other telegrams are
periodically destroyed.
B
-
In the event of the person by whom the notice was
deposited refusing to accept the same when offered to him
by the Transmitting Officer the said notice shall forthwith
be transmitted to the Accountant of the General Post Office,
and by him shall be safely kept and filed as a permanent
record of his office. -
A copy of the certificate indorsed by the Transmitting
Officer on the original notice as aforesaid may be furnished
by the Transmitting Officer to the person from whom such
notice was received for transmission, on a copy thereof made
by such person. -
For every certificate or copy of certificate given by the
Transmitting Officer hereunder the sum of 2s. 6d. shall be
paid by the person requiring such certificate. -
The ordinary telegraph rates shall be charged for trans-
mitting all notices, but the Transmitting Officer may de-
mand from the person presenting any notice for service a
sum, by way of deposit, sufficient to cover the actual cost
of delivery: the minimum charge to be so demanded shall
be 5s. -
Should the amount then paid be found insufficient to
cover such expenses, the Transmitting Officer shall be en-
titled to demand payment of any balance outstanding prior
to delivery of his certificate; but, if the amount of such
deposit should exceed the actual expenses attending the
service, or attempted service, of any such notice, the de-
positor shall be entitled to a refund to the extent of such
excess. -
Every officer who gives a certificate under the pro-
visions of these regulations shall retain in his office for
reference a duplicate of such certificate.
FORM NO. 1.
In accordance with the regulations made under "The Elec-
tric Lines Act, 1884," I [Christian name and surname in
full], of [address and occupation], in the Colony of New
Zealand, do solemnly and sincerely declare—
That I did, on , the day of , 189 ,
serve the within-named [name of person to whom notice is
addressed] with a true copy of the within notice at
, in the Provincial District of
, in the Colony of New
Zealand, by delivering such copy notice personally to the
said
And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of the provisions
of an Act of the General Assembly of New Zealand intituled
"The Justices of the Peace Act, 1882."
A.B.
Declared at aforesaid, this
day of , 189 ,
before me—C.D., a Justice of the
Peace in and for the Colony of
New Zealand.
FORM NO. 2.
In accordance with the regulations made under "The Elec-
tric Lines Act, 1884," I, , of , in the Colony
of New Zealand, do solemnly and sincerely declare that I
have made all reasonable effort to serve [name in full], the
person named in the within-written notice, with a copy of
the said notice at [the last-known place of business or the
dwelling-house of the said ], but have been unable
to effect service of such copy notice, and I verily believe
that the said cannot be found in [name of city or
town] at present.
And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of the provisions
of an Act of the General Assembly of New Zealand intituled
"The Justices of the Peace Act, 1882."
A.B.
Declared at aforesaid, this
day of , 189 ,
before me—C.D., a Justice of the
Peace in and for the Colony of
New Zealand.
FORM NO. 2A.
In accordance with the regulations made under "The Elec-
tric Lines Act, 1884," I, , of , in the Colony of
New Zealand, , do hereby certify that it has been
made to appear to my satisfaction that every reasonable
effort has been made to serve a copy of the within notice
personally upon , the person named therein, and
that the said cannot be found in
Dated at aforesaid, this day of
189 .
Receiving Officer.
FORM NO. 3.
I, , of , in the Colony of New Zealand,
an officer of the Post and Telegraph Department duly
authorised in this behalf, do hereby certify that a copy of
the within notice was served personally on , the per-
son named therein, by , of , on
, the
day of , 189 .
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Regulations for the Service of Notices by Telegraph
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🚂 Transport & Communications25 March 1895
Electric Lines Act, Regulations, Telegraph, Notices, Service, Fees, Certificates, Schedules, Forms
NZ Gazette 1895, No 25