APRIL 21.] THE NEW ZEALAND GAZETTE. 791

9. The applicant may, together with his application or subsequently thereto, file such affidavits in support thereof as he thinks it, such affidavits shall be accompanied by a duplicate thereof, and copies thereof shall be served by the applicant in like manner as a copy of the original application is required to be served.

10. Every application shall state therein an address for service; and upon the first of any documents filed by any mortgagee or any other person affected by any application there shall be stated an address for service.

11. Service of documents in the first instance upon the mortgagee or other persons affected shall be effected either personally or by forwarding in a prepaid registered postal packet addressed to the mortgagee or other person at his last known address or place of abode, and all subsequent documents, until otherwise ordered by the Court, may be served by forwarding the same in a prepaid registered postal packet addressed to the applicant, mortgagee, or other person at the address for service set out in the mortgagee’s application or set out by mortgagees or other persons as provided by Regulation 10 hereof, and a document so forwarded shall be deemed to be served at the time when it would reach its address in the ordinary course of registered post. If the applicant, mortgagee, or other person shall, as his address for service, give the name and address of a solicitor, service may be effected upon such solicitor by leaving any document at such solicitor’s office or by forwarding such document to such solicitor by registered post.

12. The mortgagee or other person affected may file affidavits in reply, and all documents so filed shall be accompanied by a duplicate thereof.

13. Any applicant, mortgagee, or other person may, upon reasonable notice to the Registrar and to all other persons affected by any application, change his address for service.

14. In all cases (other than those where the parties pursuant to section 10 of the Mortgagors and Tenants Relief Act, 1932, otherwise agree) the Registrar shall, unless otherwise ordered by the Court, refer all applications to an Adjustment Commission for investigation by sending to such Commission the copy of the application filed with the original as required by Regulation 5, and from time to time as further documents are filed the Registrar shall send duplicates thereof to the Adjustment Commission.

15. Upon receipt by the Registrar of the report of the Adjustment Commission he shall, after reference to the parties or their respective solicitors (if any), fix a time and place for the hearing of the application, and give notice thereof to all parties concerned in the form numbered 3 in the Schedule hereto.

16. The Court may, in its discretion, admit any document not in accordance with these regulations or waive any irregularity.

17. No Court fees shall be payable in connection with any application under the said Acts.

18. An application to the Court by a lessee for relief under section 6 of the Mortgagors and Tenants Relief Act, 1932, may be in the form numbered 4 in the Schedule hereto, and the preceding provisions of these regulations shall apply, mutatis mutandis, to any application so made.

———

SCHEDULE.

Form No. 1.

In the Supreme Court of New Zealand,
District, Registry;
or
In the Magistrate’s Court,
held at

In the matter of the Mortgagors Relief Act, 1931, or in the matter of the Mortgagors and Tenants Relief Act, 1932.

I, the undersigned, , hereby make application to the Supreme Court (or to a Magistrate) for relief under the above-entitled Act as follows:—

1. Applicant:—
   Full name:
   Full postal address:
   Occupation:

2. Mortgagee:—
   Full name:
   Address:
   Occupation:

3. Mortgage:—
   Registered number (if any):
   Date of execution:
   Principal or capital sum now owing:
   Rate of interest:
   Amount of interest now owing:
   Final date fixed by mortgage for repayment of principal:

4. Mortgaged property:—
   Short description of land or chattels:
   Mortgagor’s estimate of value:
   Prior encumbrances (if any):
   Subsequent encumbrances (if any):

5. Date on which notice was given by mortgagee of his intention to exercise remedies:
   [To be omitted where application is made under section 2 of the Mortgagors and Tenants Relief Act, 1932.]
   N.B.—A copy of the notice given by the mortgagee should be attached.

6. Nature of relief asked for by applicant:

7. Specific grounds for such relief:

8. Circumstances of applicant, including his financial position:

9. Date of application:

10. The name of the solicitor (if any) acting for me is , and his address is .

11. The address for service of all documents upon me is .

Signature of applicant:

N.B.—A copy of this application must be served by the applicant on the mortgagee and any other person entitled to such notice.

This application and all other documents for filing must be transmitted to the Registrar or Clerk of Court in duplicate.

———

Form No. 2.

In the Supreme Court of New Zealand,
District, Registry;
or
In the Magistrate’s Court,
held at

In the matter of the Mortgagors Relief Act, 1931, or in the matter of the Mortgagors and Tenants Relief Act, 1932.

I [Full name, address, and description], make oath and say as follows:—

1. I am the applicant named in the above-written (or annexed) application (or as the case may be).

2. So much of the said application as relates to facts within my own knowledge is true.

3. So much of the said application as relates to facts not within my own personal knowledge I verily and on proper grounds believe to be true.

Sworn, &c.

———

Form No. 3.

In the Supreme Court of New Zealand,
District, Registry;
or
In the Magistrate’s Court,
held at

In the matter of the Mortgagors Relief Act, 1931, or in the matter of the Mortgagors and Tenants Relief Act, 1932.

TAKE notice that day, the day of , 19 , o’clock in the , has been fixed as the time and the Court, , as the place for the hearing of the application of No. for relief in respect of mortgage (or lease) No. (or otherwise identifying it) given or granted by [Name of mortgagor or lessor], to [Name of mortgagee or lessee], 19 .

Dated this day of , 19 .

Registrar or Clerk of Court.

———

Form No. 4.

In the Supreme Court of New Zealand,
District, Registry;
or
In the Magistrate’s Court,
held at

In the matter of the Mortgagors and Tenants Relief Act, 1932.

I, the undersigned , hereby make application to the Supreme Court (or to a Magistrate) for relief under the above-entitled Act as follows:—

1. Applicant:—
   Full name:
   Full postal address:
   Occupation:

2. Lessor:—
   Full name:
   Address:
   Occupation: