Dec. 11.] THE NEW ZEALAND GAZETTE. 3769

of the owner of any premises so connected, such cost may be commuted for the payment of such annual sum as may be agreed upon between the Board and such owner.

SMOKING IN THEATRES, ETC.

58. No person other than a performer actually on the stage in the course of a performance shall smoke, strike any match, or in any other way cause or procure fire in any building within the Borough of Wairoa licensed in pursuance of Part XXXII of the Municipal Corporations Act, 1920, and the Eleventh Schedule thereof.

59. No owner or occupier of any building referred to in the preceding paragraph No. 58 shall permit, suffer, or allow any person (other than a performer actually on the stage and in the course of a performance) to smoke, strike any match, or in any other way cause or procure fire; and any duly appointed officer of the Board is hereby empowered to remove and eject any person who after being cautioned does not desist from smoking, striking matches, or otherwise causing or procuring fire, and the removal and ejection of any such person shall not be a bar to legal proceedings under this by-law against any such person, or the owner or occupier of any such building, or both.

SCALE OF FEES FOR INSPECTION OF BUILDINGS UNDER SECTION 71 OF THE ACT.

60. The fee to be paid by the owner or occupier of any buildings for inspection of such buildings under the provisions of section 71 of the Fire Brigades Act, 1926, shall be according to the following scale:—

Building to seat not more than two hundred (200) persons .. .. .. .. .. 5 0
Building to seat more than two hundred (200), but not more than three hundred (300) persons 7 6
Building to seat more than three hundred (300) persons .. .. .. .. .. 10 0

The owner or occupier of any such building shall be severally liable for the payment of the proper fees according to the above scale.

PAYMENT OF FEES.

61. All fees payable under these by-laws shall be payable to the Secretary of the Board on demand.

THE foregoing by-law was made at a duly constituted meeting of the Wairoa Fire Board held at Wairoa on the 27th day of June, 1930.

The seal of the Wairoa Fire Board was affixed hereto by resolution of the said Board dated this 24th day of September, 1930, in the presence of—

W. H. FLINT, Chairman.
A. KNIGHT, Member.
R. BUCKLEY, Secretary.

The foregoing by-law of the Wairoa Fire Board is hereby approved, this 3rd day of December, 1930.

P. A. DE LA PERRELLE,
Minister charged for the time being with the administration of the Fire Brigades Act, 1926.

———

The New Zealand Law Society.

RULES UNDER THE LAW PRACTITIONERS AMENDMENT (SOLICITORS’ FIDELITY GUARANTEE FUND) ACT, 1929.

IN pursuance and in exercise of the powers conferred upon it by the Law Practitioners Amendment (Solicitors’ Fidelity Guarantee Fund) Act, 1929, the Council of the New Zealand Law Society incorporated by the Law Practitioners Act, 1908, hereby makes the following further rules:—

I. These rules may be cited as the Solicitors’ Fidelity Guarantee Fund Claims Rules.

II. In these rules, unless the context otherwise requires,—
“Act” means the Law Practitioners Amendment (Solicitors’ Fidelity Guarantee Fund) Act, 1929:
“Committee of Management” means the committee to which the powers of the Council of the New Zealand Law Society may be delegated pursuant to section 10 of the Act:
“Council” means the Council of the New Zealand Law Society, and where the Council of the New Zealand Law Society has delegated to a Committee of Management pursuant to section 10 of the Act any of its powers in relation to the fund, means in regard to such delegated powers and as to matters within the scope of such delegation the Committee of Management for the time being:
“Fund” means the Solicitors’ Fidelity Guarantee Fund established under the Act:
“Statutory declaration” means a statutory declaration as defined in section 4 of the Acts Interpretation Act, 1924.

Notices of Claims against Fund.

III. (1) Every claimant against the fund shall, within twelve months after he has become aware of the theft in respect of which he claims, give to the Council or Committee of Management notice in writing of such claim.

(2) Every such notice shall be deemed to be given to the Council or Committee of Management if it is delivered personally to the secretary for the time being of the New Zealand Law Society at Wellington, or if it is posted by registered post properly addressed to such secretary.

(3) Every such notice shall be signed by the claimant or by some person duly authorized on his behalf, and shall contain full particulars of the matters by reason of which he alleges that he is entitled to claim against the fund, and shall contain full particulars of the amount of his claim.

(4) Every such notice by a claimant shall be in the form No. 1 in the Schedule hereto with such variation or variations as the exigencies of the particular case may require.

Settlement of Claims.

IV. (1) Every claimant against the fund who desires that the Council shall consider the settlement of his claim shall comply with the provisions of the succeeding paragraphs of this rule.

(2) (a) Every such claimant shall either contemporaneously with the giving of the notice referred to in paragraph (1) of Rule III, or within fourteen days thereafter or such further period as the Council may in its discretion allow, give to the Council notice of his desire that the Council shall consider the settlement of his claim.

(b) Every such notice shall be signed by the claimant or by some person duly authorized on his behalf and shall be in form No. 2 of the Schedule hereto with such variation or variations as the exigencies of the case may require.

(c) Every such notice shall be given to the Council in the manner provided in paragraph (2) of Rule III.

(3) Every such claimant shall either himself or by some person duly authorized on his behalf also complete, as fully as the circumstances of the case and the knowledge of the claimant allow, and make and declare a statutory declaration in form No. 3 of the Schedule hereto with such variation or variations as the exigencies of the case may require.

V. As soon as may be after receipt of any notice given under paragraph (2) of Rule IV, and of the declaration required by paragraph (3) of Rule IV, the Council shall consider the claim, and may adjourn from time to time its consideration of the claim.

VI. The Council may, with respect to any claim if it thinks fit,—

(a) Make or cause to be made such inquiries or obtain such reports as it thinks fit touching the claim, or touching any other claims or possible claims in respect of the solicitor or of the solicitor’s agent or servant in respect of whose acts the claim is made:

(b) Require the claimant to verify by statutory declaration of himself or of some person having actual knowledge of the same any statement, fact, or other matter whatsoever touching his claim:

(c) Require the claimant to produce either as exhibits to a statutory declaration or otherwise all or any deeds, documents of title, receipts and negotiable instruments and all or any other documents or writings of any nature or description whatsoever touching his claim:

(d) Require the claimant to submit himself to examination by the Council or by some person appointed by the Council in that behalf as to matters touching his claim:

(e) Negotiate with, or appoint some person on behalf of the Council to negotiate with, the claimant as to the compromise of his claim.

VII. (1) The Council may with respect to any claim either (a) allow the claim in full; (b) compromise the claim; or (c) refuse to allow the claim.

(2) If the Council allows the claim in full or compromises the claim, then, if the claim is allowed in full, the amount of the claim, or, if the claim is compromised, the amount of the compromise, shall, subject to the provisions of section 19 of the Act, thereupon be paid by the Council to the claimant out of the fund.

Leave to commence Actions against Fund.

VIII. (1) Every claimant desiring the leave of the Council pursuant to the provisions of subsection (1) of section 16 of the Act to commence any action in relation to the fund shall make application in writing to the Council for such leave.

(2) Every such application shall be signed by the claimant or by some person duly authorized on his behalf, shall give full particulars of the claimant’s contemplated action against the fund, shall contain a full statement of the reasons for and the grounds of such application, and shall be accompanied by a statutory declaration by the claimant or by some person having actual knowledge of the same verifying such particulars and such reasons and grounds.

(3) Every such application and statutory declaration shall be served upon the Council in the manner provided by paragraph (2) of Rule III.