3990
THE NEW ZEALAND GAZETTE.
[No. 96

(ii) To allow service to be effected by registered letter or in any
manner which the Court may consider sufficient; or
(iii) To dispense with service, in respect of all or any of the persons to
be served, of any documents or verifying affidavits accompanying
the petition; or
(iv) To vary the time to be stated in the notice after which the petition
may be heard.

14. In case any person who is or may be affected by the application is
    an infant or under any disability, except coverture, the petitioners shall by
    motion ex parte apply to the Court for directions that service upon such
    person be effected by service on his parent or guardian or upon such person
    as the Court may direct, or that service be dispensed with.

15. Every notice of motion for directions shall comply with Rule 541A of
    the Code of Civil Procedure, and shall be accompanied by a memorandum
    signed by counsel, if the petitioner is represented by counsel, giving such
    information as shall enable the Court to decide what direction shall be given
    and stating the course which counsel suggests should be adopted.

APPEARANCE BY PERSONS AFFECTED.

16. Any person who is or may be affected by any application under
    these rules, and the parents, guardians, or persons standing in loco parentis
    of or to any such person who is an infant, or any person upon whom service
    has been directed under Rule 14, may file affidavits in respect of the appli-
    cation, and may be heard in person or by counsel or solicitor on the hearing
    of the application, and may, by the leave of the Court, give evidence and
    call witnesses.

17. The Court may, before or upon the hearing of the application, if
    requested so to do by any person who is or may be affected by the application,
    or if any such person is an infant or otherwise under disability, or absent
    from the Dominion, then of its own motion, direct that a solicitor or counsel
    to be named by the Court shall attend the proceedings on behalf of such
    person; and may further direct that the costs or fees of such solicitor or
    counsel be paid by the petitioners out of the assets of the deceased person,
    and be allowed to them as a disbursement on the final or interim passing of
    their accounts. The Court may direct service upon the Solicitor-General
    in any case where the interests of the public are concerned, and the same
    provisions as to costs shall apply.

18. The Court may at any time require the petitioners to furnish, in
    such form as it thinks fit, further information in relation to the estate of the
    deceased person and the administration thereof, or vouchers or other evidence
    in verification of any item in the accounts lodged by the petitioners.

REFERENCE TO REGISTRAR.

19. If it thinks fit so to do, the Court may at any time refer the application,
    or any particular matter being part thereof or connected therewith, to the
    Registrar for inquiry and report.

20. Upon such reference reasonable notice to the satisfaction of the
    Registrar of any appointment made by the Registrar to proceed with his
    inquiry shall be given to every person who has filed an affidavit in respect
    of the application, or has given notice in writing to the Registrar of his
    intention to appear, or has appeared in the proceedings, and to every
    solicitor or counsel directed by the Court to attend the proceedings.

21. Upon such reference all persons who are or may be affected by the
    application shall be entitled to be present, and the provisions of Rule 16
    hereof shall, mutatis mutandis, apply.

22. The evidence of every witness called on the inquiry before the
    Registrar shall be taken down in writing and be signed by the witness, and
    shall accompany the Registrar’s report to the Court.

COSTS.

23. The costs of the petitioners and of any person who is or may be
    affected by the petition shall, whether any commission or percentage is
    allowed or not, be in the discretion of the Court.

24. The Court may direct that any costs be paid or allowed out of the
    estate of the deceased person.

25. Notwithstanding the provisions of the two last preceding rules hereof,
    if any sum is allowed by the Court to the petitioner as commission or
    percentage out of the assets of the deceased person, the petitioners shall in
    all cases be entitled to costs out of such assets at the rate of fourpence for
    every folio of seventy-two words for all petitions, accounts, and other
    documents, and all notices, affidavits of service, and exhibits thereto
    reasonably furnished in compliance with these rules, and twopence for every
    folio of seventy-two words for copies of all such documents so furnished,
    and to all Court fees paid in connection with the proceedings.