Nov. 28.] THE NEW ZEALAND GAZETTE. 1839

Rules of Procedure under “The Adoption of Children Act, 1895.”

GLASGOW, Governor.

I
N pursuance and in exercise of the power and authority
conferred by “The Adoption of Children Act, 1895,”
and of every other power and authority enabling me in that
behalf, I, David, Earl of Glasgow, the Governor of the Colony
of New Zealand, do hereby make and fix the following rules
of procedure and fees of Court under the said Act:—

1. Every application under sections 3 or 4 of the Act shall
   be in the Form No. 1 in the Schedule hereto, or as near
   thereto as circumstances will permit, and shall be signed by
   the applicant or applicants in the presence of and shall be
   attested by a Judge, Clerk of Court, solicitor, Registrar, or
   Deputy Registrar of the Supreme Court, or a Justice of the
   Peace. Every application under section 10 of the Act shall
   be in the Form No. 2 in the Schedule hereto, and shall be
   signed and attested as aforesaid.

2. Every such application and every other application
   made to the Judge under the Act shall be filed in Court.

3. On the filing of an application the Judge shall appoint
   some convenient place and time for the hearing of the same,
   and shall indorse on the application and sign a memorandum
   of such appointment in the Form No. 3 in the Schedule
   hereto.

4. The Clerk of the Court shall cause a written notice,
   signed by him or the Judge, of the place and time so ap-
   pointed for the hearing of the application to be served upon
   the applicant or applicants personally forty-eight hours at
   least before the time appointed for the hearing. The Judge
   may direct substituted service of any such notice to be
   effected in such manner as he thinks fit.

5. The applicant or applicants and the child proposed to
   be adopted shall attend personally before the Judge on the
   hearing of the application, but the Judge may, in his dis-
   cretion, dispense with such personal attendance.

6. The Judge may adjourn the hearing of the application
   to such place and time as he considers necessary or con-
   venient.

7. Any vivâ voce evidence upon oath taken by the Judge
   on the hearing of any application under the Act shall be
   reduced to writing by the Judge or Clerk of Court, signed by
   the witness, and filed by the Clerk of Court.

8. A summons for the attendance of a witness may be in
   the Form No. 4 in the Schedule hereto, and shall be signed
   either by the Judge, Clerk of Court, or any Justice of the
   Peace. The summons shall be served personally on the
   witness, and may, if necessary, contain a clause requiring
   the witness to produce any books, deeds, papers, and writings
   in his possession or under his control.

9. The consent in writing of the parents or parent or
   legal guardian of the child proposed to be adopted shall be in
   the Form No. 5 in the Schedule hereto, and shall be signed,
   attested, and filed in the same manner as an application is
   required by Rule 1 to be signed, attested, and filed.

10. The order of adoption shall be in the Form No. 6 in
    the Schedule hereto, or as near thereto as circumstances will
    permit.

11. The order of adoption under section 10 of the Act shall
    be in the Form No. 7 in the Schedule hereto, or as near thereto
    as circumstances will permit.

12. The Clerk of Court shall keep a register-book, properly
    indexed, and shall record therein a true copy of every order
    made under this Act. Such copy-order shall be verified
    under the hand of the Judge.

13. Any person desirous of obtaining the reversal and dis-
    charge of any order made under the Act shall apply in
    writing to the Judge, and shall serve a copy of such applica-
    tion forthwith upon the person or persons in whose favour
    such order was made. Such application shall set forth the
    grounds upon which the reversal and discharge of the order
    is sought, and shall be signed, attested, and filed in the same
    manner as an application under Rule 1.

14. Upon the filing of the application the Judge shall, by
    memorandum under his hand indorsed on the application,
    appoint a convenient place and time for hearing the applica-
    tion. Such memorandum shall be in the Form No. 3 in the
    Schedule hereto.

15. The Clerk of Court shall cause a written notice of the
    place and time so appointed, signed by him or the Judge, to
    be served personally upon the person or persons in whose
    favour the order was made, forty-eight hours at least before
    the time appointed for the hearing. The Judge may direct
    substituted service of such notice to be effected in such
    manner as he thinks fit.

16. The Judge may at the hearing of such application
    take evidence vivâ voce, on oath or otherwise, as he thinks fit.

17. In all cases where an order is varied or discharged, a
    memorandum of such variation or discharge shall be written
    across the face of the registered copy of the order, and signed
    by the Judge.

18. Every person interested may, upon the hearing of any
    application under the Act, appear personally, or by a barrister
    or solicitor.

19. The following schedule of forms and scale of fees shall
    form part of these rules.

20. The Judge shall, by memorandum under his hand
    indorsed on the application, have power to remit the said
    fees or any of them, or to reduce the amount thereof, in any
    case where in his opinion there are reasonable grounds for re-
    mitting or reducing the same.

SCHEDULE.

FORM NO. 1.—APPLICATION FOR ORDER OF ADOPTION
UNDER SECTION 3 OR 4 OF ACT.

“The Adoption of Children Act, 1895.”

To A.B., Judge of the District Court holden at [or
Stipendiary Magistrate for the Magistrate’s Court holden
at ].

I [or, in case of husband and wife, We] [Here state name or
names in full, and add occupation and place of residence], do
hereby apply to adopt as my [or our] child C.D. [name of
child in full], a male [or female, (and, if illegitimate, add
illegitimate)] child under the age of fifteen years, whose
parents are [State names in full, occupation, and place of resi-
dence of child’s parents or legal guardian, if same can be
ascertained].

Dated at , this day of , 18 .

(Signatures.)

Witness to the signatures of the above applicants—A.B.,
Judge, S.M., J.P., Clerk of Court, solicitor, Registrar, or
Deputy Registrar of Supreme Court.

FORM NO. 2.—APPLICATION FOR THE ADOPTION OF A CHILD
UNDER SECTION 10 OF THE ACT.

“The Adoption of Children Act, 1895.”

To A.B., Judge of the District Court holden at [or
Stipendiary Magistrate of the Magistrate’s Court holden
at ].

I [name in full], of [place of residence, &c.], manager for
the time being of [Here give name of institution and where
situate, &c.], established in connection with the
denomination, being desirous of adopting [name in full of
child], a male [or female] deserted child in connection with
the said institution, do hereby apply for an order of adoption
under section 10 of “The Adoption of Children Act, 1895.”

Dated at , this day of , 18 .

A.B.,
Manager of the
[State name of institution].

Witness to the signature of the said [name of manager]
—C.D., Judge, S.M., J.P., Clerk of Court, solicitor, Regis-
trar, or Deputy Registrar of Supreme Court.

FORM NO. 3.—APPOINTMENT TO BE INDORSED ON APPLICA-
TION.

“The Adoption of Children Act, 1895.”

Upon reading the above [or within] application, I hereby
appoint [Here state place, street, &c.] as the place, and
, the of , 18 , at o’clock in
the noon, as the time, for hearing the said applica-
tion.

Dated this day of , 18 .

A.B.,
Judge, &c. [or S.M., &c.].

FORM NO. 4.—SUMMONS TO A WITNESS.

“The Adoption of Children Act, 1895.”

To [name], of [address], in the Provincial District of
, New Zealand [occupation].

You are hereby commanded to attend, in your own proper
person, at , on , the day of
18 , at the hour of o’clock in the noon, to testify
the truth according to your knowledge in [Here state nature
of proceeding], and to remain in attendance until the said
matter be concluded or until you shall be lawfully dis-
charged from attendance. Herein fail not at your peril.

Given under my hand, this day of , 18 .

A.B.,
Judge, &c. [or Clerk of Court, or J.P., &c.].

FORM NO. 5.—CONSENT TO ORDER OF ADOPTION.

We [or I], of [place of residence, occupation, &c.], the parents
[or one of the parents, or the guardian] of [name of child],
do hereby consent to an order of adoption being made in
terms of “The Adoption of Children Act, 1895,” in favour
of [names or name, &c., of applicants or applicant].

Dated at , this day of , 18 .

(Signature.)

Witness to the signature of the above-named [name]—
A.B., Judge, S.M., Justice of the Peace, Clerk of Court,
solicitor, Registrar, or Deputy Registrar of Supreme Court.