538
THE NEW ZEALAND GAZETTE.
[No. 25
persons shall be served with notice of the motion, and may give
leave to such persons to appear on the adjourned hearing of the
motion, but no application for leave so to appear need be sought
by a person ordered to be served with notice of the motion.
“(g) It shall not be necessary for a person moving a motion for
rescission to file a statement of his defence to the statement of claim
if the grounds of his motion are sufficiently set out in his notice of
motion.
“(h) If any person served or directed to be served with notice
of a motion is an infant, idiot, or lunatic, a guardian ad litem to such
person shall be admitted prior to the hearing of the motion unless on
account of the exigency of the case the Court shall dispense with such
admission or permit such admission to be deferred.
“(j) Where a writ of mandamus or any similar remedy is sought
against any person, and such person is by reason of death, resignation,
or removal from office superseded in his office, then, unless the
cause of action has necessarily come to an end, the proceedings shall
not abate but may be continued in the name of such person or (on
the application of his successor or any person interested) in the name
of his successor with all necessary amendments, and any writ or order
directed to or made in the name of such person shall be binding on
his successor in office.”
(l) Rule 474 is revoked, and the following rule substituted in lieu
thereof:
“474. Any person applying to have an action or proceedings
removed from an inferior court into the Supreme Court by virtue of
any statutory authority in that behalf shall, unless otherwise provided
by the statute, proceed by way of motion, and notice of such motion
shall be served upon the opposite party in such action or proceeding.”
(m) Rule 561 is revoked, and the following rule substituted in
lieu thereof:
“561. Except and in so far as the Court or a Judge shall
otherwise order, the plaintiff in an action on a judgment recovered
in any Court other than a judgment on a bond shall not be entitled to
any costs:
“Provided that this restriction shall not affect the right of any
person to costs in proceedings under the Reciprocal Enforcement of
Judgments Act, 1934.”
(n) Form No. 36 in the First Schedule to the Code is amended
by inserting after the word “deceased” where first used the following
words: “who died on or about the day of .”
C. A. JEFFERY.
Clerk of the Executive Council.
Appointment of Apia as Port of Entry for Nassau (Cook Group).
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 18th day of March, 1936.
Present:
His Excellency The Governor-General in Council.
IN pursuance and exercise of the powers and authorities vested
in him by the Customs Act, 1913, and the Samoa Customs
Consolidation Order, 1923, and of all other powers and authorities
enabling him in this behalf, His Excellency the Governor-General of
the Dominion of New Zealand, acting by and with the advice and
consent of the Executive Council of the said Dominion, doth hereby
revoke the Order in Council made under the powers aforesaid on
the eleventh day of February, one thousand nine hundred and
twenty-nine, and published in the Gazette on the twenty-eighth day
of the same month, at page 476, so far only as the Port of Apia in
Western Samoa is thereby declared to be a port of entry for the
Island of Pukapuka in the Cook Group therein named, but without
prejudice to the continuous effect of the said Order in Council so
far as it declares the said Port of Apia to be a port of entry for the
Island of Nassau in the said Cook Group.
C. A. JEFFERY,
Clerk of the Executive Council.