Feb. 22. THE NEW ZEALAND GAZETTE. 829

the hearing of the same, and shall indorse on the application
and sign a memorandum of such appointment in the form
No. 4 in the First Schedule hereto.
4. The Clerk of the Court shall cause written notice of
the place and time so appointed to be served upon the appli-
cant or applicants forty-eight hours at least before the time
appointed for the hearing. Such notice shall be signed
either by the Clerk or by the Magistrate to whom the
application is made, and shall be served personally unless
the Magistrate in his discretion otherwise directs.
5. 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 or the form No. 6 in the First Schedule hereto
(as the case may require), and shall be signed, attested, and
filed in the same manner as applications are required by
these rules to be signed, attested, and filed.
6. A summons for the attendance of a witness at the hear-
ing of an application under these rules shall be in the form
No. 7 in the First Schedule hereto or to the effect thereof,
and shall be signed either by the Clerk of Court or by any
Justice of the Peace. The summons shall be served person-
ally on the witness, and may if necessary contain a clause
requiring the witness to produce any books, papers, writings,
or other documents in his possession or under his control.
7. The applicant or applicants and the child proposed to
be adopted shall attend personally before the Magistrate on
the hearing of the application, unless the Magistrate in his
discretion dispenses with such personal attendance.
8. (1.) Every application under section 16 or section 17 of
the said Act shall be supported by an affidavit by some
reputable and well-known person in the form No. 8 in the
First Schedule hereto or to the effect thereof, and such affi-
davit shall be filed in the Court with the application to which
it relates.
(2.) Any evidence taken viva voce upon oath by the Magis-
trate on the hearing of any application under Part III of
the said Act or these rules shall be reduced to writing by the
Magistrate or the Clerk of the Court, signed by the witness,
and filed by the Clerk of the Court.
9. The Magistrate may adjourn the hearing of the appli-
cation to such place and time as he considers necessary or
convenient.
10. An order of adoption under section 16 or section 17 of
the said Act shall be in the form No. 9 in the First Schedule
hereto, or as near thereto as circumstances will permit.
11. An order of adoption under section 24 of the said Act
shall be in the form No. 10 in the First Schedule hereto, or
as near thereto as circumstances will permit.
12. The Clerk of the Court shall keep with the papers in
the proceedings a duplicate of every order made under
Part III of the said Act and these rules.
13. Any person desirous of obtaining the variation, re-
versal, or discharge of an order of adoption made under the
said Act shall apply in writing to the Magistrate exercising
jurisdiction in the district where the said order was made,
and shall forthwith serve a copy of that application upon
such persons as the Magistrate orders. Such application
shall set forth the grounds upon which the variation, re-
versal, or discharge of the order is sought, and shall be signed,
attested, and filed in the same manner as an application
under Rule 1 hereof.
14. Upon the filing of the application the Magistrate 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. 4 in the
First Schedule hereto.
15. The Clerk of the Court shall cause written notice of
the place and time so appointed to be served upon the appli-
cant or applicants forty-eight hours at least before the time
appointed for the hearing. Such notice shall be signed
either by the Clerk or by the Magistrate to whom the appli-
cation is made, and shall be served personally unless the
Magistrate in his discretion otherwise directs.
16. The Magistrate hearing such application may take
evidence thereon either viva voce or in writing, and on oath
or otherwise as he thinks fit.
17. In all cases where an order is varied, reversed, or dis-
charged, a memorandum of such variation, reversal, or dis-
charge shall be written across the face of the registered copy
of the order, and shall be signed by the Magistrate.
18. Every person interested may upon the hearing of any
application under Part III of the said Act or these rules
appear personally or by a solicitor.
19. The fees specified in the Second Schedule hereto shall
be payable in respect of the several matters mentioned in
that Schedule: Provided that the Magistrate may, by
memorandum under his hand indorsed on the application
or other document, remit the said fees or any of them, or
reduce the amount thereof, in any case where in his opinion
there are reasonable grounds for remitting or reducing the
same.
20. The rules of procedure under the Adoption of Children
Act, 1895, dated the 26th November, 1895, and published in
the Gazette of the 28th November, 1895, at page 1839, are
hereby revoked.

FIRST SCHEDULE.

NEW ZEALAND, TO WIT. [Form No. 1.
In the matter of Part III of the Infants Act, 1908; and in
the matter of an application by __ to adopt __.
To __, Esq., Stipendiary Magistrate at __.
We [I] [Full name or names], of [Address], in the Do-
minion of New Zealand [Occupation], and __, wife of
the said __, do hereby apply to adopt as our [my]
child [Full name of child], a [Sex] [State whether legiti-
mate or illegitimate] child, born on or about the
day of __, 19, whose father is [Full name], of
[Address], [Occupation], and whose mother is [Full name],
of [Address].
Dated at ____, this __ day of __, 19__.
[Signatures.]
[Witness to signatures.]
(NOTE.—Witness may be a Stipendiary Magistrate, Justice
of Peace, Clerk of Court, or a solicitor.)
—
INDORSEMENT.
(See Form No. 4.)
—

NEW ZEALAND, TO WIT. [Form No. 2.
In the matter of Part III of the Infants Act, 1908; and in
the matter of an application by __ to adopt __.
To __, Esq., Stipendiary Magistrate at __.
I, [Full name], the manager for the time being of
[Designation of institution], situated at __, in the
Dominion of New Zealand, and established in connection
with the __ religious denomination, which institution
is not maintained by Government subsidy, do hereby apply
to adopt in connection with the said institution [Full name
of child], a [Sex] [State whether legitimate or illegitimate]
deserted child born on or about the __ day of __,
19.
Dated at ____, this __ day of __, 19__.
[Signature.]
[Witness to signature.]
(NOTE.—Witness may be a Stipendiary Magistrate, Justice
of Peace, Clerk of Court, or a solicitor.)
—
INDORSEMENT.
(See Form No. 4.)
—

NEW ZEALAND, TO WIT. [Form No. 3.
In the matter of Part III of the Infants Act, 1908; and in
the matter of an application by __, to adopt __.

REGISTER OF DOCUMENTS FILED.

—

[Form No. 4.
(To be indorsed on Forms Nos. 1 and 2.)
In the matter of Part III of the Infants Act, 1908; and in
the matter of an application by __ to adopt __.
Upon reading the within application, I hereby appoint
__ as the place, and __, the __ day of __,
19, at ____ o’clock in the __ noon, as the time, for
hearing the said application.
Dated this __ day of __, 19.
____, Stipendiary Magistrate.
—

NEW ZEALAND, TO WIT. [Form No. 5.
In the matter of Part III of the Infants Act, 1908; and in
the matter of an application by __ to adopt __.

CONSENT TO ORDER OF ADOPTION.

I [We], [Full name or names], of [Address], [Occupation],
[one of] the parents of __, a [Sex] [State whether
legitimate or illegitimate] child, born on the __ day of
__, 19, hereby consent to an order being made under
Part III of the Infants Act, 1908, for the adoption of the
said ____ by __, of __, and __,
his wife [or as the case may be].
Dated at __, this __ day of __, 19__.
{Signature.}
{Witness.}
{Signature.}
{Witness.}
(NOTE.—Witness may be a Stipendiary Magistrate, Justice
of Peace, Clerk of Court, or a solicitor.)