JULY 10.] THE NEW ZEALAND GAZETTE. 1471

the original finding, which shall thereupon become void :
(16.) By order to vest land in any person whom, in the exercise of the powers aforesaid, the Court determines to be entitled thereto, and generally to do all acts and things necessary to the effectual exercise of the jurisdiction conferred upon the Court by this Order in Council.

IV. PRACTICE AND PROCEDURE.

11. The Court shall sit at such times and places as the Chief Judge, by notice given in such manner as may be prescribed, shall appoint. After the commencement of a sitting the presiding Judge, or, in the absence of a Judge, the Registrar, may adjourn such sitting from time to time and from place to place, or may so adjourn any part or parts of the business notified to be dealt with at any such sitting, or adjourn the same respectively sine die.

12. The jurisdiction of the Court in any matter may be exercised on the written application of any person claiming an interest therein, and in the course of the proceedings on any application the Court may, without further application, and upon such terms as to notice to parties and otherwise as the Court thinks fit, proceed to exercise any other part or parts of its jurisdiction which it may consider necessary or expedient to exercise. And the Court may in its discretion deal with the subject-matter of any application wholly or in part or parts, and issue separate orders in respect of such part or parts; and any application may be dismissed or (with the consent of the Court) extended, amended, or withdrawn wholly or in part. And the Court may, on the completion of any stage in any proceedings, make any interlocutory order which it may deem necessary or expedient.

13. The Chief Judge, or any other Judge being a European, sitting alone, may exercise all the powers of the Court; but no Judge being a Native shall exercise any of the said powers except in conjunction with a European Judge.

14. Proceedings may be continued before a Judge or Judges other than the Judge or Judges before whom they were commenced, or before the same Judge and another Judge.

15. No person may appear or be assisted in Court by counsel or agent without the assent of the presiding Judge first obtained. Such assent may at any time be withdrawn.

Evidence.

16. The Court may act on any testimony, sworn or unsworn, and may receive as evidence any statement, document, information, or matter which, in the opinion of the Court, may assist the Court to deal effectively with the matters before it.

17. The Court may, by summons in writing under the hand of a Judge or the Registrar, require any person to appear before the Court, at such time and place as shall be specified in the summons, to give evidence in the matter of any proceeding, and such person may be required by such summons to produce any books, deeds, papers, and writings relating to such proceeding, and in his possession or under his control.

18. Any person on whom any such summons shall have been served personally, and to whom at the same time payment or a tender of his expenses shall have been made on the scale to be prescribed, and who shall neglect or fail without sufficient cause to appear or to produce any books, deeds, papers, or writings required by such summons to be produced, and any person, whether summoned to attend or not, who, being present in Court and being required to give evidence, shall refuse to be sworn or give evidence, or who, having been sworn to give evidence in a proceeding, shall neglect or fail to appear at such time as the Court may direct for the purpose of giving further evidence in such proceeding, shall be liable to a penalty not exceeding ten pounds, and in default of payment to be imprisoned for any term not exceeding one month.

Judgment Orders.

19. Every definitive judgment, decision, or award of, and every imposition of penalty by, the Court shall be by order.

20. The Chief Judge may sign any order which ought to have been signed by a deceased or retired Judge.

21. An order of the Court shall bear date and shall be deemed to have been made on the day on which the Court decided that such order should be made, and shall take effect as from such date; but the Court may in any order direct that the same shall take effect on some day before or after the day on which the same is made.

22. An order may issue in the name of a deceased Native.

23. The Court may from time to time extend any time limited or fixed by any order, whether or not such time has or shall have expired.

24. Every order vesting land or any parcel of land shall describe the same by reference to some certified plan thereof, or, if there be no certified plan thereof, shall describe the same with sufficient accuracy to enable the same to be identified and the boundaries thereof to be correctly laid down on survey.

Amendment.

25. All amendments necessary to remedy or correct defects or errors in any proceeding or document, or to give effect to or record the intended decision in any proceeding, may be made at any time by the Court, whether applied for or not, and upon such terms as to the Court may appear just.

Surveys.

26. The Chief Judge, or the Registrar with the approval of a Judge, may authorise any surveyor or any other person to enter upon any land to make any survey, or for any other purpose expedient or necessary.

26A. The Government of the Colony of New Zealand may in its discretion advance the cost of any survey so authorised, and in any such case the charge, by way of lien, as herein-after provided, shall be held by the Resident Commissioner on behalf of His Majesty.

27. Any person obstructing or threatening to obstruct any surveyor or other person acting under any authority issued under the preceding section (such authority having been produced to any person threatening or engaged in such obstruction) shall be liable to a penalty not exceeding ten pounds, or to imprisonment for any term not exceeding one month.

28. The Court may charge by way of lien any land or parcel of land to secure the payment of an amount as being the reasonable cost or portion of the cost of any survey thereof authorised as aforesaid, and also the payment of any moneys due to the Court on account of fees; and such lien shall be indorsed by the Registrar on the instrument of title to the land, and shall have the effect of the lodging of a caveat against any dealing with such land until such moneys are paid and satisfied, or until such lien shall by order of the Court be removed. The Court may at any time make such order or orders for payment of such moneys by instalments out of rents or otherwise as to the Court shall seem expedient, and may on any subsequent partition apportion any such lien or charge over the several partitions.

29. The payment by any person into the office of the Registrar of a sum of money secured by such lien shall be a discharge thereof. The money so paid to the Registrar shall be held in trust for and paid to such person as the Court shall determine to be entitled to the same.

V. RULES AND REGULATIONS.

30. The Chief Judge may from time to time, with the approval of the Resident Commissioner, make and prescribe, and alter and revoke, rules of practice and procedure and forms of proceedings and documents in the various matters in which jurisdiction is or may be conferred upon the Court, and also regulations for the government of all persons acting under this Order in Council, and for regulating the sittings of the Court, and for fixing the fees to be paid under this Order in Council, and the time and mode of payment, and for enforcing payment thereof.

31. All such rules and regulations, and every alteration and revocation thereof, shall, within one month after the approval thereof, be published in the Cook Islands Gazette. A copy of such rules and regulations, and every alteration and revocation thereof, shall also, as soon as possible after approval thereof, be transmitted to the Governor.

32. All fees payable under this Order in Council shall be paid by the Registrar into the Cook Islands Treasury.

ALEX. WILLIS,
Clerk of the Executive Council.

"The School Attendance Act, 1901."—Forms for Certificates of Exemption.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of July, 1902.

Present:

His Excellency the Governor in Council.

IN exercise and pursuance of the powers and authorities vested in him by "The Education Act, 1877," and "The School Attendance Act, 1901," His Excellency the Governor, with the advice and consent of the Executive Council of the colony, doth hereby make the following regulation prescribing forms of exemption certificate to be used under the last-mentioned Act, and, with the like advice and consent, doth prescribe that this Order shall come into force on the publication thereof in the New Zealand Gazette.