940
THE NEW ZEALAND GAZETTE.
[No. 42.

Making Rules for Validation Court.

GLASGOW, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by “The Native Land (Validation of Titles) Act, 1893,” I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, do hereby make and prescribe for the purposes of the said Act the additional rules set out in the Schedule hereto; and I do hereby further order and declare that such rules shall take effect on and after the first day of July proximo.

SCHEDULE.

1. RULES Nos. 3, 4, 11, 12, 21, 44, 48, and 49 of the general rules made on the 28th day of February, 1894, and the Third Schedule to the said rules, are hereby revoked, and the following rules and schedule of fees are hereby made and shall be read and construed as substituted in lieu thereof respectively:—

Records of the Court.

2. The records of the Court shall be kept in the office of the Registrar in the district within which the land is situated, and the Registrar shall record all applications, orders, decrees, and other proceedings whatever in the suit affecting lands or other property situated in that district.

Filing of Applications, and Fees thereon.

3. On payment to the Registrar of the fees for filing set forth in the Third Schedule, it shall be his duty to file the application, indorsing thereon the day and hour of filing, and a number showing the order in which it was received; but no application shall be filed by the Registrar which seeks relief from the Court in respect of any transaction dated since the passing of “The Native Land (Validation of Titles) Act, 1892,” and the Court shall not entertain any suit or proceeding or any transaction with a Native found to have been initiated since that date.

The applicant shall cause copies of the said application to be printed, and also to be published in the Government Gazette and Kahiti and in one newspaper published in the district, as set down for hearing on the day named therein for hearing, and such application shall go into the Court list for that day in the order of its filing next after the cases (if any) already standing in the Court list for that day, or adjourned from some previous day to that day.

The applicant shall cause the Maori version of the filed application to be published at least once in the Kahiti, and the English version at least three times in the Gazette and also three times in the local newspaper. The first of each of said publications in the Kahiti, Gazette, and newspaper shall be made at least thirty days before the day named in the application as the day when applicant intends to apply for relief. The other publications shall be made at the discretion of the Registrar during the interval between the day of filing and the day for hearing. Copies of the Gazette, Kahiti, and newspaper containing the advertisement shall be lodged with the Registrar at least fourteen days before the day of hearing of the application. It shall be the duty of the Registrar to report to the Court in each instance whether due publication has been made.

The Judge, in his discretion, may order in any particular case that one publication in the Gazette, Kahiti, and newspaper shall be sufficient.

Printed copies of the application in English and Maori shall be furnished by the applicant for distribution by the Registrar in the manner prescribed by Rule 13.

Service of Notices; &c., on Objectors.

4. Every objector who appears before the Court shall forthwith after appearance lodge with the Registrar of the Court written notice, naming some place in the town wherein the Registrar's offices are situated where notices, orders, and other documents may be served upon such objector by leaving same at such place for him; and such service, if made at any time between 10 a.m. and 5 p.m., shall be deemed good service upon such objector on the day on which it is made, unless the Judge shall otherwise direct.

Until such notice naming a place for service be given to the Registrar and to the applicant, all notices of motion and of appeal, and all other documents requiring to be served upon such objector by his opponent or by the Court, may be served by leaving same with the Registrar of the Court, who may forthwith post the same to the address of the objector (if any) given in the application.

Any objector neglecting to lodge with the Registrar a notice naming a place for service as aforesaid shall not be entitled to object to any proceedings taken before the Court, or to orders made in his absence, on the ground that he had not received sufficient notice of the intended proceedings, or that the notice or other document posted to him could not in due course of post reach him in time.

5. The names of all persons who appear before the Court at any time before final decree as objectors, but whose names have not been inserted by the applicant on his application, shall be indorsed by the Registrar or a Clerk of the Court in the application as objectors, together with the date of their first appearance before the Court as objectors.

Recording Evidence.

6. All evidence given in Maori at the hearing before the Court shall be written out in Maori at the time it is being given, and shall be read over to the witness, and, after it has been acknowledged by him to be correct or has been corrected by him, as the case may be, shall be signed by the witness and countersigned by the interpreter.

7. All evidence given in English shall be written out by the Registrar or a Clerk of the Court at the time it is being given, and shall be read over by the witness, and, after it has been acknowledged to be correct or has been corrected by him, as the case may be, shall be signed by the witness and countersigned by the Registrar or Clerk.

The English translation given in Court by the interpreter of the evidence of each Maori witness shall be recorded by the Registrar or Clerk, and signed by the interpreter and by the Registrar or Clerk.

Such written evidence in Maori and English, and such translation when so signed as aforesaid, shall become records in the case then being heard, and for all purposes shall thenceforth be treated by all Courts as the evidence that was then given and the translation that was then made to the Court.

SCHEDULE.

Court and Office Fees.

£ s. d.

1. On inspection of any record .. .. 0 2 0
2. On filing application for relief .. 3 0 0
3. For filing objector's appearance in Court, and address for service (payable on appearance) .. .. 1 0 0
4. For filing summons to attend before Judge in Chambers, and for filing any notice of motion .. .. .. 0 10 0
5. On filing affidavit .. .. .. 0 5 0
6. On filing and authenticating with Court seal a voluntary arrangement .. 1 0 0
   For sealing each copy .. .. 0 5 0
7. On filing any document not above specified or otherwise herein provided for .. .. .. .. 0 5 0
8. Hearing-fee payable by each party who addresses Judge in Chambers, for each hour or fraction of an hour .. 0 10 0
9. For sealing order made on motion before Judge in Chambers .. 0 10 0
10. For sealing subpoena (original) .. 0 3 0
    For sealing subpoena (copy) .. 0 1 0
11. Swearing witness .. .. .. 0 2 0
12. For cross-examining witness .. 0 2 0
13. Sealing order for Commission to examine witnesses .. .. 1 0 0
14. Applicant's hearing-fee in Court on first rising to address Court, for each day or part of a day .. .. .. 1 0 0
15. Objector's hearing-fee in Court on first rising to address Court, for first two days, each day .. .. .. 1 0 0
    Ditto on third day, on first rising .. 1 10 0
    Ditto on every subsequent day, on first rising .. .. .. 2 0 0
16. For marking exhibit when tendered in evidence at hearing .. .. 0 2 0
17. Certified copy of any filed document, per folio .. .. .. 0 1 6
    Sealing same .. .. .. 0 3 0
    Plan on same .. .. .. 0 5 0
18. On filing draft order or decree for approval of Judge .. .. .. 0 10 0
19. For sealing order or decree of Court, and filing same .. .. .. 1 0 0
20. For sealing and examining each copy or duplicate for use under sections 13 and 14 of Act .. .. .. 0 10 0
21. Ad valorem fees on every order or decree of Court granting an estate or interest in a specified parcel of land £1 per cent. upon the value ascertained as per rules, but in no case to be less than £5.