3710
THE NEW ZEALAND GAZETTE
No. 135

ADOPTION OF CHILDREN.

40. An application for the adoption of a child under Part XV of the Act shall be in the form No. 14, and shall be signed by the adopting parent or parents.

41. The consent of the parent or parents of the child proposed to be adopted may be given either in writing or in open Court, and if in writing shall be in the form No. 15, and the signature or signatures shall be attested. The consent in writing may be lodged with the Registrar at any time up to the date of the sitting of the Court at which the application is to be dealt with, and thereafter as the Court may direct; but, notwithstanding the lodging of such consent, the Court may require the personal attendance of such parent or parents.

42. The applicant or applicants, and the child proposed to be adopted, shall attend personally before the Court on the hearing of the application; but the Court may, in its discretion, dispense with such personal attendance.

43. The order of adoption shall be in the form No. 16.

44. An application under section 464 for the annulment of an order of adoption shall be in the form No. 17, and shall set forth the grounds upon which the annulment is sought.

45. The order of annulment shall be in the form No. 18.

CONFIRMATION OF ALIENATION.

46. An application to the Court to confirm any alienation may be in the form No. 19.

47. Before any such application is notified for hearing, the instrument in respect of which the same is made must be lodged with the Registrar.

48. The applicant, before the hearing of the application, shall lodge with the Registrar a memorandum setting forth fully the position of the title to the land the subject of the application. Such memorandum shall be signed as correct by the applicant.

49. The Court may require a statement to be lodged showing the beneficial interests in Native freehold land of each Native alienating, the extent of his interest, and the revenue, if any, derived therefrom.

50. The Court may receive such evidence as to the value of the property the subject of the application as it may think fit.

51. The order of confirmation may be in the form No. 20.

52. Where confirmation is refused, a minute of such refusal, setting forth the grounds thereof, shall be entered on the records of the Court. Before any instrument of alienation, confirmation of which has been refused, is returned to any applicant, there shall be noted thereon a minute of such refusal signed by a Judge or the Registrar.

PERSONS UNDER DISABILITY.

53. An application for an order to appoint a trustee for a person under disability shall be in the form No. 21.

54. The order appointing a trustee may be in the form No. 22.

55. An application for an order under section 504 of the Act, or for directions in relation to the administration of the trust property, may be made ex parte, and may be heard and determined by the Court at any time and place. The Court may forthwith make any order or give such directions as it may think fit, or may require such notices to be given, or inquiries made, or such evidence produced as the nature of the case may require.

56. An order under section 504 may be in the form No. 23.

PECUNIARY CLAIMS.

57. Notwithstanding anything contained in section 380 of the Act, no claim for damages or other pecuniary claim under section 409 of the Act shall be heard and determined by the Court except upon an application made in that behalf in accordance with Rule 4. Such application shall contain full particulars of the cause of action.

58. Notice of every such application shall be given to the person against whom the claim is made (hereinafter called the defendant) in manner directed by a Judge, and not less than fourteen days before the day appointed for the hearing of the application.

59. It shall not be necessary for the defendant in any such proceeding to file any statement of defence.