Dec. 19.] THE NEW ZEALAND GAZETTE. 3991

POWER TO DISPENSE WITH RULES.

26. The Court or a Judge thereof, upon motion made before or after the filing of the petition, and upon sufficient grounds, may by order dispense with the observance of all or any of the foregoing rules. Such motion may in the first instance be made ex parte, but the Court or Judge may require notice thereof to be given to such person or persons and in such manner as the Court or Judge may direct.

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SCHEDULE.

[Form No. 1.

PETITION.

In the Supreme Court of New Zealand,
District,
Registry.

In the matter of the Administration Act, 1908, and in the matter of the estate of A.B., late of [Address, calling, or description], deceased.

To the Honourable the Supreme Court of New Zealand.

THE petition of [Names, callings, or descriptions, and addresses] showeth—

1. I am [or We are] the executor [or executors] of the will [or the administrator or administrators or the trustee or trustees of the estate] of the above-named A.B., deceased.

[Here set out in numbered paragraphs the matters referred to in Rule 3, items (i) to (ix).]

Wherefore your petitioners pray that this Honourable Court will out of the assets of the said deceased allow to them in passing their accounts the sum of £ by way of commission or percentage made up as follows: [Here set out basis or principle by which commission is arrived at, thus:—

per cent. on £ , proceeds of realization of “ Farm,”
being Item No. in account marked Account No. 2 filed here-
with .. .. .. .. .. .. £
Total .. .. .. .. .. .. £ ].

And your petitioners will ever pray.

Dated this day of , 19 .

[Signatures.]

This petition is filed by the petitioners in person [or solicitor for the petitioners], whose address for service is .

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[Form No. 2.

AFFIDAVIT VERIFYING PETITION.

I, A.B., of &c., make oath and say as follows:—

1. I am the petitioner [or one of the petitioners] named in the foregoing petition.
2. So much of the foregoing petition as relates to my own acts and deeds is true.
3. So much thereof as relates to the acts and deeds of any other person I believe to be true.
4. Such facts (not being acts or deeds of myself or any other person) as are set out therein without qualification are true.
5. Such facts as are set out therein as being matters of belief are true to the best of my knowledge, information, and belief.

Sworn, &c.

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[Form No. 3.

NOTICE.

In the Supreme Court of New Zealand,
District,
Registry.

In the matter of the Administration Act, 1908, and in the matter of the estate of A.B., late of [Address, calling, or description], deceased.

TAKE notice that and , executors of the will [or administrators of the estate] of the above-named A.B., deceased, have applied to the Supreme Court by petition filed at [Name of registry] praying for the allowance to them out of the assets of the said A.B., deceased, of the sum of £ for their pains and trouble as such executors [or administrators]. The said petition will be heard on such day after the expiration of days from the service of this notice upon you as the Court shall appoint. You may file affidavits in respect of the application, or give notice to the Court of your intention to attend the proceedings, 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.

And further take notice that the Court may, upon the hearing of such application, if so requested by you or by any other person who is or may be affected by such application, direct that a solicitor to be named by the Court shall attend the proceedings on behalf of the persons who shall be so affected, and that the costs and charges of such solicitor shall be paid by the petitioners out of the assets of the estate of the said A.B., deceased.

And further take notice that hereto annexed are copies of the petition, accounts, statement, and affidavits filed in support of the said petition, and of the exhibits therein referred to [except [vouchers] [the following documents—namely, ] which you may inspect in the office of the Registrar at at any time during office hours].

[If under the terms of Rule 9 vouchers are not required the words in brackets in the last paragraph will be omitted. If service of any document has been dispensed with, the terms of the last paragraph will be modified accordingly, the nature of the document being stated therein.]

And further take notice that you may ascertain the date when the said petition will be heard by inquiry by yourself, your agent, solicitor, or counsel, at the office of the Registrar aforesaid.

Dated this day of , 19 .

Petitioners.
[or Solicitor for the Petitioners.]

This notice is issued by the petitioners in person [or solicitor for the petitioners], whose address for service is .

C. A. JEFFERY,
Clerk of the Executive Council.