3712

THE NEW ZEALAND GAZETTE.

[No. 135

sitting at which the original hearing took place, or at any adjournment thereof, or at any other sitting of the Court; but in the last case only on notification of the rehearing being made in the same manner as in the case of an original hearing.

MISCELLANEOUS.

75. Every person signing any application, notice, or other document, or instituting any proceeding as an agent, must file with the Registrar an authority in writing signed by the person on whose behalf he claims to act. Every such authority signed by a Native shall also be in the Native language and duly attested.

76. Every amendment made under sections 388 and 389 shall be signed or initialled by the Judge or presiding Judge at the time of making the same, and shall specify the date on which the same was made.

77. If a copy of the order in respect of which amendment is made has been filed in the High Court under section 392 of the Act, a certified copy of the amendment shall be forthwith transmitted to the Registrar of that Court.

78. The authority for a survey may be in the form No. 29.

79. Every plan for use by the Court shall show where possible the Native names of all boundaries, and shall also show the names and positions of adjoining lands, and the name or names of the owner or owners of such adjoining lands.

80. An order creating a charge upon land may be in the form No. 30.

81. An order appointing a Receiver under section 393 of the Act may be in the form No. 31.

82. By any order appointing a Receiver, or by any subsequent order, the Court may prohibit or restrict, in such manner as it thinks fit, the exercise by the Receiver of any powers which would otherwise be vested in him, and the Court may at any time remove or vary any such prohibition or restriction. The Court may require any Receiver to give security for the due execution of his duties.

83. Any lessee or other person availing himself of the provisions of section 492 of the Act shall be chargeable with commission at the rate of £2 10s. per centum on all moneys paid by him to the Court, which charge shall be levied as a fee of Court.

84. The Registrar, unless otherwise directed by a Judge, upon payment of the prescribed fee, shall furnish to any person applying for the same a certified copy of any order or document made by or filed or lodged in the Court.

85. When on any application the Court shall proceed to exercise any other part of its jurisdiction the same fees shall be payable as if such jurisdiction had been exercised in manner prescribed by these rules.

86. All notices and other documents required by these rules to be sent or given to any person may, except where personal service is expressly provided for, be sent by post, addressed to the usual or last known residence or place of business of that person; and shall thereupon be deemed to have been duly sent or given to that person, whether actually received by him or not.

87. Non-compliance with any of these rules, or with any rule of practice for the time being in force, shall not render any proceeding void unless the Court may so order; but such proceeding may be set aside either wholly or in part as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Court may deem just.

FEES.

88. The fees set out in the Second Schedule are hereby prescribed as the fees to be paid in respect of the proceedings of the Court.

89. No application shall be received or recorded, and no proceedings shall be taken in respect thereof, unless the prescribed fee has been paid.

90. If it appears to the satisfaction of a Judge that any person is unable to pay, or ought not to be called upon to pay, any fee, it shall be lawful for the Judge to dispense with the payment thereof, or any part thereof, subject to such terms as he thinks fit.

91. Where fees are due in respect of any land which has been partitioned, the Registrar may apportion such fees amongst the several parcels of such land, and the amount due in respect of each parcel shall be noted on the partition order, and shall be payable accordingly.

92. The Court, or any Judge or Registrar, may decline to proceed in any case or to do any act in relation to land in respect of which