1196
THE NEW ZEALAND GAZETTE.
[No. 34

Judge so directs, in the Gazette. The Registrar may on the application of any party issue a special notification, on payment of the prescribed fee and of such sum as the Registrar may think necessary to defray the cost of printing and circulating the same.

13. Supplementary notices of matters to be dealt with at a special sitting of the Court may be given from time to time by the Chief Judge in the Kahiti, and also, if he thinks fit, in the Gazette.

14. A copy of the notice of any sitting of the Court shall be sent by post to each of the applicants whose applications are notified therein, and to such persons as the Registrar thinks necessary, or as a Judge directs.

15. It shall be the duty of the Registrar to transmit all applications notified to be heard at any sitting of the Court, whether ordinary or special, together with all plans and documents relating thereto, and copies of the notices of the sitting, to the Judge who is to preside at such sitting, whose duty it shall then be to attend at the time and place appointed and hear and determine all matters properly brought before the Court.

16. Applications which by the Act or by these Rules may be made ex parte may be heard and determined by the Court without notification at any time and place which a Judge thinks fit.

Customary Land.

17. An application for investigation of title to customary land shall be in the Form No. 1.

18. Except as provided in the next succeeding rule, the Court shall not proceed with the investigation of the title to customary land until the land is surveyed and the Court has before it an approved plan.

19. If the land has not been surveyed the Court may proceed with the investigation of title upon a sketch-plan approved by the Chief Surveyor and accepted by the Court as sufficient for the purposes of the investigation.

20. The Court may, before proceeding to deal with the applications for investigation of title to customary land, require that all claims (whether applications have been lodged or not) for inclusion in the title of such land shall be made in writing to the Court within a time to be fixed by the Court. No claim or application shall be admitted after that time except by leave of the Court, and upon such terms as the Court may determine.

21. The Court may require that before hearing evidence each party shall state in writing (1) the boundaries of the land he claims; (2) the material grounds of his claim; (3) the genealogical tables showing descent from the ancestor or ancestors through whom title is claimed, and traced down to leading members of such party; and (4) the names and approximate location of cultivations, pas, places of historic interest, and, generally, any signs of occupation. Such statement shall be handed to the Court for its information.

22. The Court may, if it think fit, at any stage of the proceedings require each party to hand in a list of the names of all persons admitted by him as claiming and entitled with him in respect of his claim.

23. Every list of names settled by the Court for inclusion in any order shall have noted thereon a minute showing by whom it was handed in, and shall be signed by the presiding Judge, and dated as of the day on which that list was read out in Court as approved. No alteration shall afterwards be made therein except in open Court, and every alteration shall be initialled by the Judge.

24. A freehold order shall be in the Form No. 2.

Ascertainment of Equitable Owners.

25. An application for an Order in Council authorising the Court to exercise jurisdiction under Part V of the Act shall be forwarded to the Native Minister, and shall state the material grounds of the application.

26. The Native Minister may refer such application to the Chief Judge to report thereon.

27. An order made in exercise of jurisdiction under Part V of the Act may be in the Form No. 3.

Partition.

28. An application for partition shall be in the Form No. 4 or No. 5, as the case may require.

29. Upon receipt of the application the Registrar shall forward the same to the Chief Surveyor of the land district wherein the land the subject of the application is situated, and it shall be the duty of the Chief Surveyor to report whether and what road-lines are required to be laid off on the land for its due settlement and use, and the estimated cost of surveying such road-lines, and to return the application, together with his report, to the Registrar.

30. The Registrar shall thereupon submit the application and the Chief Surveyor’s report to a Judge of the Court, and if in the opinion of that Judge the road-lines are necessary and the estimated cost reasonable, he may requisition the Chief Surveyor to survey the same.

31. The Chief Surveyor may, pending a proper survey of such road-lines, submit to the Court a sketch-plan showing approximately the proposed road-lines, and the Court may proceed with the partition upon such sketch-plan, or refuse to proceed until a proper survey has been made.

32. Where several applications have been made for partition of the same land it shall be sufficient if any one of such applications is forwarded to the Chief Surveyor in accordance with Rule 29.

33. The Court may refuse to proceed with the further partition of any land until the survey of any former partition has been completed and an approved plan thereof furnished to the Court.

34. No partition order shall be made in favour of any person claiming Native freehold land by virtue of an alienation unless the instrument of alienation upon which the claim is based has been duly registered.