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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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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VUW Te Waharoa PDF NZ Gazette 1895, No 25





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🚂 Regulations for the Service of Notices by Telegraph (continued from previous page)

🚂 Transport & Communications
25 March 1895
Electric Lines Act, Regulations, Telegraph, Notices, Service, Fees, Certificates, Schedules, Forms