3224
THE NEW ZEALAND GAZETTE.
[No. 83

14. The High Court may order that such overseas maintenance order be registered accordingly, and shall thereupon endorse such order or certified copy with a statement under the seal of the High Court to the effect that the order, or the order whereof it is a copy, is registered in the High Court pursuant to the Samoa Maintenance and Affiliation Amendment Order, 1929.

15. An overseas maintenance order (other than an overseas provisional order) when registered as aforesaid shall, from the date of registration, be of the same force and effect and all proceedings may be taken thereon, including proceedings by reason of any default arising after the date when the order was originally made, but prior to the date of registration, in the same manner as if it had been a maintenance order made by the High Court under the authority of the principal Order and as if the High Court had jurisdiction to make an order in the terms thereof.

CONFIRMATION OF OVERSEAS PROVISIONAL ORDERS.

16. Any officer of the Government or other person may apply to the High Court for confirmation of an overseas provisional order registered as aforesaid.

17. The person making such application shall file in the High Court the depositions of witnesses taken by the overseas Court when making the overseas provisional order, and a statement of the grounds on which the overseas provisional order might have been opposed, or a copy of such depositions and statement respectively.

18. The High Court may issue a summons calling upon the person against whom any overseas provisional order is made or whom it purports to bind to appear before the High Court to show cause why such order should not be confirmed.

19. At the hearing such person may raise any defence which he might have raised in the original proceedings in the overseas Court had he been a party thereto but no other defence.

20. The statement referred to in clause 17 hereof shall be conclusive evidence that the grounds therein set out are grounds on which the overseas provisional order might have been opposed or on which a defence might have been raised in the original proceedings in the overseas Court.

21. If at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the High Court that the overseas provisional order ought not to be confirmed, the Court may confirm the order either without modification or with such modifications as to the Court after hearing the evidence may seem just.

22. If the person against whom the summons was issued appears at the hearing and satisfies the High Court that for the purpose of any defence it is necessary to remit the case to the overseas Court for the taking of any further evidence, the Court may so remit the case and adjourn the proceedings for the purpose.

23. An overseas provisional order confirmed as aforesaid shall, from the date of confirmation, be of the same force and effect, and all proceedings may be taken thereon by an officer of the Government or any other person in the same manner (subject to the next succeeding clause hereof) as if it had been a maintenance order made by the High Court under the authority of the principal Order, and as if the High Court had jurisdiction to make an order in the terms thereof.

24. Where, on an application for rescission or variation of an overseas provisional order confirmed as aforesaid, the High Court is satisfied that it is necessary to remit the case to the overseas Court for the purpose of taking any further evidence, the Court may so remit the case and adjourn the proceedings for that purpose.