610
THE NEW ZEALAND GAZETTE.
[No. 25

This certificate is granted by me in accordance with the
provisions of section 35 of "The Electric Lines Act, 1884,"
and the regulations made under that Act.
Dated at aforesaid, this day of ,
189 .

Receiving Officer duly authorized to
Transmitting) sign this certificate.

FORM No. 4.

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 every reason-
able effort has been made to personally serve the within-
named with a copy of the within notice at [the
last-known place of business or the dwelling-house of the
said ], and that I am advised and believe that the
said cannot be found in .
This certificate is granted by me in accordance with the
provisions of section 35 of "The Electric Lines Act, 1884,"
and the regulations made under that Act.
Dated at , this day of , 189 .

Transmitting Officer duly authorized to
sign this certificate.

ALEX. WILLIS,
Clerk of the Executive Council.

Rules and Regulations under Division II., Part II., of
"The Native Land Court Act, 1894."

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this first day
of April, 1895.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS it is expedient to make rules and regula-
tions for the purpose of giving full effect to the pro-
visions of Division II., Part II., of "The Native Land Court
Act, 1894," relating to Native land administration :

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, acting with the advice and consent of the
Executive Council of the said colony, and in exercise of the
powers conferred upon him by sections one hundred and
twenty-six, one hundred and twenty-nine, and one hundred
and thirty of the said Act, and of all other powers in and by
the said Act him hereto enabling, doth hereby make the
rules and regulations set forth in the Schedule hereto.

SCHEDULE.
INTERPRETATION.

1. In these Rules and Regulations, if not inconsistent
   with the context,—

"Alienation" means any sale, lease, contract, or other
disposition, absolute or limited, mortgage, charge,
lien, or encumbrance :

"Court" means the Native Land Court :

"Committee" means the Committee to be nominated
and appointed pursuant to "The Native Land
Court Act, 1894":

"Minister" means the Minister of Native Affairs :

"Mortgage" includes charge, lien, or encumbrance :

"Owner" includes a grantee named in a Crown grant,
a person registered as proprietor under "The Land
Transfer Act, 1885," a person named as owner in
any memorial of ownership or certificate of title or
order issued by the Court, a person registered in the
Court under the provisions of the seventeenth section
of "The Native Land Act, 1867," a person found
by any Court of competent jurisdiction to be bene-
ficially interested under any trust, and any person
holding under a will or declared to be the successor
to a deceased owner :

"Proprietor" means a corporate owner :

"Resolution" means any resolution passed by a majority
in number of the proprietors present personally or
by proxy at any general meeting and voting on
such resolution :

INCORPORATION OF OWNERS.

2. Application for incorporation shall be made to the
   Court by petition, signed by all or not less than seven of the
   owners of the land.

Such petition shall set out the acreage and boundaries of
the land, and the names of all the owners.

3. The prescribed consent of the majority of the owners
   may be given by memorandum in writing, attested as
   hereinafter provided.

4. Where the Crown has acquired a right or interest in a
   block of land in respect of which the owners desire to
   petition for incorporation the owners may apply to the
   Minister to ascertain and separate the right or interest of
   the Crown to the intent that the residue of the block may
   be made the subject of a petition for incorporation.

5. The order of the Court constituting the owners of any
   land a body corporate shall set forth the acreage and bound-
   aries of the land and the names of the proprietors.

6. Such order shall be published in the Gazette and Kahiti
   by the Registrar of the Court making the order, and such
   publication shall be conclusive evidence that the prescribed
   consent has been duly given, and that the incorporation is
   valid.

7. Upon payment of all Court fees owing in respect of the
   land or any part thereof the Registrar shall forward such
   order, or a sealed duplicate thereof, to the District Land
   Registrar of the district in which is situate the land affected
   thereby; and the District Land Registrar shall register the
   same, and issue a certificate of title for the land in favour of
   the corporation, and shall (where necessary) call in and
   cancel all existing Crown grants, certificates, or instruments
   of title. All fees theretofore owing or then payable in respect
   of the land or any part thereof shall be paid by the Commit-
   tee, who shall charge the same against the shares of the
   proprietors for whom such payments are made.

NOMINATION OF COMMITTEE.

8. In and by the aforesaid order of incorporation the
   Court shall direct a general meeting of proprietors to be held
   at a time and place to be therein named, for the purpose of
   nominating a Committee and fixing the number of its mem-
   bers.

The time for the holding of such general meeting shall
be not sooner than twenty-eight nor later than forty-two
days after the day of the making of the order.

9. The Committee shall consist of not less than three nor
   more than seven persons, the majority of whom must be
   proprietors.

10. Candidates for nomination shall be proposed by one or
    more proprietors in writing, in the form following—that is to
    say:—

"Proposal-paper for Nomination.

"I [or We], being a proprietor [or proprietors] in the cor-
porate body styled 'The Proprietors of ,' hereby propose
for nomination as member [or members] of the Committee
the following person [or persons]:—

[Here state full names of candidates, being not more than
seven.]

"The nominations will be made at the general meeting of
proprietors, to be held at , on , 18 .

"Dated this , 18 ." (Signatures of proprietors.)

"(Signature of witness.)"

11. No proposal-paper shall contain the names of more
    than seven candidates, and every signature thereto of a
    proprietor shall be attested as hereinafter provided.

12. Every proposal-paper shall be lodged with the Court at
    least fourteen days before the day appointed for the general
    meeting; and every proposal-paper not complying with these
    regulations shall be informal and void.

13. So soon as the last day for lodging proposal-papers has
    expired, the Court or the Registrar thereof shall prepare and
    publish in the Gazette and Kahiti a list containing the
    names of all the candidates so proposed for nomination.

14. At the said general meeting the proprietors present in
    person or by proxy shall appoint one of their number to be
    Chairman, who shall conduct the business of the meeting,
    and have a deliberative as well as a casting-vote.

15. Every proprietor shall have one vote, and all questions
    shall be determined by a majority of the votes of the pro-
    prietors present in person or by proxy at the meeting.

16. The said meeting shall, in manner aforesaid, deter-
    mine the number of members to constitute the Committee,
    and shall then nominate the requisite number from the
    aforesaid list.

17. For the purpose of such nomination, each proprietor
    so present as aforesaid shall be supplied with a voting-paper
    containing the full names of all the candidates, and shall
    vote by striking out the names of all the candidates for whom
    he does not desire to vote.

18. He may strike out any number of names, and must
    strike out all in excess of the total number to be nominated,
    or his voting-paper will be invalid.

19. The valid votes shall then be counted by the Chair-
    man and two scrutineers appointed in that behalf by the
    meeting, and the candidates receiving the largest number of
    votes shall be deemed to be nominated.

20. A list of the persons so nominated as aforesaid shall
    be forthwith prepared and lodged in the Court by the Chair-
    man, and the Court shall by order appoint them as the
    Committee.

21. Every order appointing a Committee or any member
    thereof shall be published in the Gazette and Kahiti, and
    such publication shall be conclusive evidence of the validity
    of the appointment.

22. The foregoing regulations numbered 10 to 21 shall
    apply to every nomination of a Committee or of any member
    thereof by the proprietors in general meeting.