Nov. 12.] THE NEW ZEALAND GAZETTE. 2389

other Court from which an appeal to the Court of Appeal lies, on proof that he is not worth £25, his wearing-apparel and the subject of the cause or matter excepted, and upon compliance with the following rules.

2. All applications for leave to appeal as a pauper shall be by petition to the Court, supported by the affidavits hereinafter mentioned.

3. Every person desiring to obtain the leave of the Court to appeal as a pauper shall make and file in support of his application an affidavit stating in detail the particulars of all real and personal property, wheresoever situate, in which he has any estate or interest whatever, whether vested or contingent, in possession or remainder, and the estimated value of each item thereof, and further stating that he is not possessed of or entitled to any other property whatever.

4. Every such person, and the solicitor of every such person, shall also make, and such person shall file in this Court, an affidavit showing in detail every sum which such person, and every person on his behalf, or at his request, or in his interest, or for his benefit, has paid or become liable for, or has promised or undertaken to pay, for costs, charges, disbursements, and other expenses in respect of the action, cause, or matter as to which he desires to appeal, and in respect of all advice, consultations, and professional charges whatsoever preliminary to such action, cause, or matter. Every such affidavit shall show the details and the date of every such payment, promise, or undertaking, and the name of the person or persons by and to whom every such payment, promise, or undertaking has been made or given.

5. It shall be the duty of every solicitor to whom every such payment, promise, or undertaking has been made or given (whether such solicitor is or is not the solicitor acting for such person in the application for leave to appeal as a pauper), at the request of such person, and without any fee or charge, to make the affidavit required by the last rule, and if he shall fail to do so upon request he shall be guilty of a contempt of Court, and in such case he shall, at the instance of the petitioner, be examined by the Court, and such examination shall take the place of such affidavit.

6. Every person desiring to appeal as a pauper shall lay before counsel a case for his opinion.

7. No person who has acted, or is acting, or who intends to act, as solicitor for the person who desires to obtain leave to appeal as a pauper shall be competent to act as counsel to advise on such case for opinion. The certificate of any such person shall be treated as a nullity. Every such case shall contain a copy of all the pleadings or other proceedings in the cause or matter in respect of which it is desired to obtain leave to appeal as a pauper. In all cases in which the Judge from whose judgment it is desired to obtain leave to appeal as a pauper has given written reasons for his judgment, such case for the opinion of counsel shall also contain a full copy of such written reasons. In all cases in which it is desired to review the judgment of the Judge upon the facts, or to appeal against the order of the Judge for a new trial, such case shall also contain a full copy of the Judge’s notes of evidence. Every such case shall also contain a full and true statement of all other material facts (if any) which shall be necessary to enable the counsel before whom such case is laid to advise honestly and impartially upon the same.

8. Before any such case is laid before counsel the party or his solicitor shall make an affidavit to be indorsed thereon showing fully and clearly that the last rule has been strictly complied with.

9. In every case in which a person desires leave to appeal as a pauper and shall have made and filed the affidavits required by the 3rd and 4th of these rules (which affidavits may be made and filed before the petition required by these rules has been made and filed), the Judge from whose judgment, decree, or order it is desired to appeal will, upon a proper application for that purpose, permit the party who desires so to appeal, or his solicitor, or any person in the employ of such solicitor, to copy in the office of the Registrar of the Supreme Court at the place where such judgment, decree, or order was given or made the written reasons (if any) given by such Judge for such judgment, decree, or order, and the notes of evidence taken by such Judge in respect of such cause or matter.

10. The certificate of counsel shall be written at the foot of such case in his own handwriting, and shall be in the following form: “I, , of , barrister, certify that I have carefully perused and have carefully, honestly, and impartially considered the foregoing case for opinion, and that the case is, in my opinion, a proper case for appeal.”

11. It shall not be necessary to file such case and the certificate of counsel in the office of the Registrar, but such case and certificate shall be produced to the Court upon the hearing of the petition.

12. No petition for leave to appeal as a pauper shall be heard or considered by the Court until the foregoing rules have been strictly complied with.

13. Before leave to appeal as a pauper shall be given, the party presenting such petition, or his counsel, shall satisfy the Court by argument in open Court that there is reasonable ground for the appeal, and the certificate of counsel of his opinion will not be accepted as conclusive upon that point.

14. The Court may, if it thinks fit, direct that notice of the intention of the party petitioning for leave to appeal as a pauper to move for an order in accordance with the prayer of his petition shall be served upon the opposite party or his solicitor, and may adjourn the hearing of the petition until such day as the Court shall think fit to enable such notice to be given, and may from time to time further adjourn the hearing to enable answering affidavits to be filed, or the persons making affidavits in the matter of such petition to be cross-examined in Court or before the Registrar.

15. A person admitted to appeal as a pauper shall not be liable to any Court fees.

16. Where any person is admitted to appeal as a pauper the Court may, if necessary, assign a counsel or solicitor, or both, to assist him, and a counsel or solicitor so assigned shall not be at liberty to refuse his assistance unless he satisfies the Court or a Judge that he has some good reason for refusing.

17. Whilst a person appeals as a pauper, no person shall take or agree to take or seek to obtain from him, or from any person on his behalf, or for his benefit, or in his interest, any fee, profit, or reward for the conduct of his business in the Court; and, further, no person acting as solicitor or counsel for such pauper shall take any payment, fee, or reward for any business whatever done for such person out of the Court, or for any past services rendered or alleged to have been rendered to such person in respect of any matter whatsoever. Any person who takes or agrees to take or seeks to obtain any such fee, profit, or reward shall be guilty of a contempt of Court.

18. If any person admitted to appeal as a pauper gives or agrees to give any such fee, profit, or reward, he shall be forthwith dispaupered, and shall not be afterwards admitted again in the same cause to appeal as a pauper.

19. If in the opinion of the Court the appeal of any person admitted to appeal as a pauper is conducted in a vexatious or improper manner, such person may be dispaupered at the discretion of the Court.

20. No person who has been dispaupered upon the grounds that his means at the time when an order admitting him to appeal as a pauper was made exceeded £25 shall be afterwards again in the same cause admitted to appeal as a pauper.

21. No notice of motion shall be served and no petition shall be presented on behalf of any person admitted to appeal as a pauper, except for the discharge of his solicitor, unless it is signed by his solicitor.

22. It shall be the duty of the solicitor acting for or assigned to a person admitted to appeal as a pauper to take care that no notice is served or petition presented without good cause.

23. Costs ordered to be paid to a person admitted to appeal as a pauper shall, unless the Court otherwise direct, be taxed as in other cases.

Dated at Wellington, this 7th day of November, 1903.

ROBERT STOUT, C.J.
JOSHUA STRANGE WILLIAMS, J.
J. E. DENNISTON, J.
W. B. EDWARDS, J.
THEO. COOPER, J.
FREDK. R. CHAPMAN, J.

SCHOOL FOR DEAF-MUTES, SUMNER, NEAR CHRISTCHURCH.

Under the control and supervision of the Education Department.

Director: Mr. G. van Asch.

FOR Deaf Children of sound intellect. The pupils are taught to use and understand ordinary speech. The best age for entrance is between six and seven.

The full charge for board and education is £40 a year, but less is accepted from parents who cannot afford to pay this amount. In case of necessity admission is free.

Parents having dumb children between the ages of four and seven, and other persons desiring information with regard to the school, are invited to apply to

THE SECRETARY FOR EDUCATION,
Wellington.