SEPT. 5.] THE NEW ZEALAND GAZETTE. 2657

As the said portions of streets are more particularly delineated on the plan marked P.W.D. 32131, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured red.

J. F. ANDREWS,
Clerk of the Executive Council.

Incorporating the Clifton Grove Land Settlement Association.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1912.

Present:

His Excellency the Governor in Council.

WHEREAS by section seven of the Land Settlement Finance Act, 1909 (hereinafter referred to as “the said Act”), it is provided that, as soon as practicable after the complete execution of any agreement under the said Act, application in the prescribed form shall be made to the Governor, by or on behalf of the purchasers, for an Order in Council confirming the agreement in pursuance of the said Act: And whereas by sections eight and nine of the said Act it is further provided that upon receipt of such application the Minister of Finance shall refer the same, together with the agreement, to the Board of Land Purchase Commissioners for its report thereon; and if the Board reports that the agreement is fit and proper to be so confirmed the Governor may, if he thinks fit, by Order in Council confirm the agreement accordingly: And whereas under the provisions of the said Act an agreement bearing date the eighteenth day of May, one thousand nine hundred and twelve, has been entered into between Arthur Edwin Haywood, vendor, of the one part, and Joseph Glover, Ernest Edward Robinson, Benjamin Garnham, Charles Frederick Andrell, and Samuel Adams, purchasers, of the other part, for the purchase of the land therein described, and the said purchasers therein agreed to become incorporated as the Clifton Grove Land Settlement Association: And whereas application has been made in the prescribed form for the issue of an Order in Council confirming the said agreement: And whereas the said application, together with the said agreement, was referred to the Board of Land Purchase Commissioners for its report, and the Board has reported that no roading is required in respect of the said land, and that the agreement is fit and proper to be so confirmed:

Now, therefore, in pursuance and exercise of the powers and authorities conferred on him by the said Act, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby confirm the said agreement dated the eighteenth day of May, one thousand nine hundred and twelve.

J. F. ANDREWS,
Clerk of the Executive Council.

Making Additional Rules under the Judicature Act, 1908, and the Infants Act, 1908.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of September, 1912.

Present:

His Excellency the Governor in Council.

IN pursuance and exercise of the powers and authorities conferred by the fifty-first section of the Judicature Act, 1908, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of their Honours the Judges of the Supreme Court of the said Dominion, doth hereby revoke the rules numbered respectively one hundred and ninety-six and one hundred and ninety-nine of the Code of Civil Procedure of the Supreme Court, and doth hereby make the rules set out in the Schedule hereto; and doth declare that the said rules set out in the said Schedule shall come into force and take effect as from the date of the publication hereof in the New Zealand Gazette.

SCHEDULE.

196. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure shall, without leave of the Court or a Judge, be read or made use of in any cause or matter in the Court, unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person before whom it is sworn, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are rewritten and signed or initialled in the margin of the affidavit by the person taking it.

197. The Court or a Judge may receive any affidavit sworn for the purpose of being used in any cause or matter, notwithstanding any defect by misdescription of parties in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

240A. (a.) In any case where a plaintiff discontinues his action the Court may, at its discretion, allow to the defendant, in addition to the costs allowed under Table C of the Third Schedule hereto, such further costs of preparing his statement of defence and preparing for trial as it thinks proper, provided that such further costs shall not exceed those allowed in the said table for the trial or hearing of the action.

(b.) Application by the defendant for such additional costs may be made by summons, which shall be taken out within seven days from the date of the service upon the defendant of the copy of the memorandum referred to in Rule 239.

(c.) The Judge to whom such application is made may direct the Registrar to hear and finally determine the same, provided that any party aggrieved by the determination of the Registrar may, within seven days thereafter, apply by summons to a Judge to vary such determination, and upon any such application such order may be made as appears just.

277A. Upon any motion for a new trial on the ground of misdirection, the terms of the direction given by the Judge at the trial must be proved either by a note taken by the Judge at or after the trial upon the request of the party who alleges himself to be aggrieved by the direction, or by a report of the summing-up taken by a reporter authorized under the provisions of the Shorthand Reporters Act, 1908, duly verified by the affidavit of such reporter.

RULES FOR REGULATING THE PRACTICE AND PROCEDURE UNDER PART I OF THE INFANTS ACT, 1908.

1. Any application under Part I of the Infants Act, 1908, may be made as follows:—

(a.) Where there is pending any action or other proceeding by reason whereof the infant is a ward of Court, then by summons in such action or proceeding, and in the matter of the infant.

(b.) Where there is not pending any such action or other proceeding as aforesaid, then by an originating summons in the matter of the infant.

2. A summons under section 3 of the Act may be taken out by any next friend of the infant, and shall be served upon the mother of the infant.

3. (a.) A summons under section 4, subsection (2), of the Act may be taken out by any next friend of the infant, and shall be served upon the father of the infant.

(b.) A summons under section 4, subsection (3), of the Act may be taken out by any guardian of the infant, and shall be served upon the other guardian or guardians.

4. (a.) A summons under section 6 of the Act taken out by the mother of any infant shall be served upon the father of the infant, or, if he be dead, upon the guardian or guardians of the infant, if any such there be, other than the mother.

(b.) A summons under section 6 of the Act taken out by the father of any infant shall be served upon the mother of the infant, or, if she be dead, upon the guardian or guardians of the infant, if any such there be, other than the father.

(c.) A summons under section 6 of the Act taken out by any guardian of an infant, other than a parent, shall be served upon the other guardian or guardians of the infant, if any such there be, other than a surviving parent, and also upon the surviving parent, if any.

5. A summons under section 7 of the Act may be taken out by any next friend of the infant, and shall be served upon his guardian or guardians.

6. In any proceeding under the Act the Judge may direct such persons, other than those in these rules respectively mentioned, to be served with the summons as he may think fit.

7. Upon any application under the Act for the appointment of a guardian of an infant the evidence shall show—

(a.) The age of the infant;

(b.) The nature and amount of the infant’s fortune and income;

(c.) What relations the infant has.