Extracts from New Zealand Gazette.

New Zealand Police Gazette, Volume XIX, Issue 25, 11 December 1895, Page 193

Extracts from New Zealand Gazette.

(From Gazette, 1895, pages 1837, 1839, 1840, and 1843.) Revoking Close Season for Mullet in Kaipara Harbour, and prescribing Close Season for Part of Harbour. GLASGOW, Governor. ORDER IN COUNCIL. At the Government House, at Wellington, this twenty-sixth day of November, 1895. Present: His Excellency the Governor in Council. WHEREAS, by “The Sea-fisheries Act, 1894” (hereinafter termed “the said Act”), it is, among other things, enacted that the Governor in Council may from time to time make regulations for the purposes therein mentioned, which shall have general force and effect throughout the

colony, or particular force and effect only in any waters or places specified therein: And whereas certain regulations prescribing a close season for mullet in Kaipara Harbour were made under the said Act by the Governor in Council on the ninth day of September, one thousand eight hundred and ninety-five, and published in the Nett) Zealand Gazette of the twelfth day of the same month:

And whereas it is expedient to revoke the said regulations, and to prescribe a close season for mullet for the portion of Kaipara Harbour described in the following regulations : Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon him by the said Act, and of all other powers enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the said regulations made by the said Order in Council of the ninth day of September, one thousand eight hundred and ninety-five, and in pursuance and exercise of the said powers, and with the like advice and consent, His Excellency the Governor of the colony doth hereby make the following regulations, to have force and effect within the waters hereafter specified in the said regulations:— Regulations. 1. The period from the first day of December in one year to the last day of February in the next succeeding year, both days inclusive, is hereby prescribed a close season in respect of the fish of the species of the Mugil known as mullet or kanae, during which close season it shall be unlawful for any person to take any such fish contrary to the provisions of the said Act. 2. These regulations shall have force and effect in all waters, as defined by the said Act, of Kaipara Harbour inside a straight line drawn from the trigonometrical station on Oewa Mound to the trigonometrical station on Komiti Bluff. 3. Any person committing a breach of these regulations shall be liable to a penalty not exceeding twenty pounds nor less than twenty shillings, to he recovered as is by the said Act provided. ALEX. WILLIS, Clerk of the Executive Council.

Inspectors of Weights and Measures, County of Vincent, <£c., appointed. Colonial Secretary’s Office, Wellington, 26th November, 1895. HIS Excellency the Governor has been pleased to appoint Constable James Pratt to be Inspector of Weights and Measures for the County of Vincent and for the Boroughs of Alexandra and Cromwell; also to appoint Constable Hugh Chisholm to be Inspector of Weights and Measures for the Borough of Alexandra. P. A. BUCKLEY.

Rules of Procedure under “ The Adoption of Children Act, 1895.” GLASGOW, Governor. IN pursuance and in exercise of the power and authority conferred by “ The Adoption of Children Act, 1895,” and of every other power and authority enabling me in that behalf, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, do hereby make and fix the following rules of procedure and fees of Court under the said Act: — 1. Every application under sections 3 or 4 of the Act shall be in the Form No. 1 in the Schedule hereto, or as near thereto as circumstances will permit, and shall be signed by the applicant or applicants in the presence of and shall be attested by a Judge, Clerk of Court, solicitor, Registrar, or Deputy Registrar of the Supreme Court, or a Justice of the Peace. Every application under section 10 of the Act shall be in the Form No. 2 in the Schedule hereto, and shall be signed and attested as aforesaid. 2. Every such application and every other application made to the Judge under the Act shall be filed in Court. 3. On the filing of an application the Judge shall appoint some convenient place and time for the hearing of the same, and shall indorse on the application and sign a memorandum of such appointment in the Form No. 3 in the Schedule hereto. 4. The Clerk of the Court shall cause a written notice, signed by him or the Judge, of the place and time so appointed for the hearing of the application to be served upon the applicant or applicants personally forty-eight hours at least before the time appointed for the hearing. The Judge may direct substituted service of any such nbtice to he effected in such manner as he thinks fit.

5. The applicant or applicants and the child proposed to be adopted shall attend personally before the Judge on the hearing of the application, but the Judge may, in his discretion, dispense with such personal attendance. 6. The Judge may adjourn the hearing of the application to such place and time as he considers necessary or convenient. 7. Any viva voce evidence upon oath taken by the Judge on the hearing of any application under the Act shall be reduced to writing by the Judge or Clerk of Court, signed by the witness, and filed by the Clerk of Court. 8. A summons for the attendance of a witness may be in the Form No. 4 in the Schedule hereto, and shall be signed either by the Judge, Clerk of Court, or any Justice of the Peace. The summons shall be served personally on the witness, and may, if necessary, contain a clause requiring the witness to produce any books, deeds, papers, and writings in his possession or under his control. 9. The consent in writing of the parents or parent or legal guardian of the child proposed to be adopted shall be in the Form No. 5 in the Schedule hereto, and shall be signed, attested, and filed in the same manner as an application is required by Rule 1 to be signed, attested, and filed. 10. The order of adoption shall be in the Form No. 6 in the Schedule hereto, or as near thereto as circumstances will permit. 11. The order of adoption under section 10 of the Act shall be in the Form No. 7 in the Schedule hereto, or as near thereto as circumstances will permit. 12. The Clerk of Court shall keep a register-book, properly indexed, and shall record therein a true copy of every order made under this Act. Such copy-order shall be verified under the hand of the Judge. 13. Any person desirous of obtaining the reversal and discharge of any order made under the Act shall apply in writing to the Judge, and shall serve a copy of such application forthwith upon the person or persons in whose favour such order was made. Such application shall set forth the grounds upon which the reversal and discharge of the order is sought, and shall be signed, attested, and filed in the same manner as an application under Rule 1. 14. Upon the filing of the application the Judge shall, by memorandum under his hand indorsed on the application, appoint a convenient place and time for hearing the application. Such memorandum shall be in the Form No. 3in the Schedule hereto. 15. The Clerk of Court shall cause a written notice of the place and time so appointed, signed by him or the Judge, to be served personally upon the person or persons in whose favour the order was made, forty-eight hours at least before the time appointed for the hearing. The Judge may direct substituted service of such notice to be effected in such manner as he thinks fit. 16. The Judge may at the hearing of such application take evidence viva voce, on oath or otherwise, as he thinks fit. 17. In all cases where an order is varied or discharged, a memorandum of such variation or discharge shall be written across the face of the registered copy of the order, and signed by the Judge. 18. Every person interested may, upon the hearing of any application under the Act, appear personally, or by a barrister or solicitor. 19. The following schedule of forms and scale of fees shall form part of these rules. 20. The Judge shall, by memorandum under his hand indorsed on the application, have power to remit the said fees or any of them, or to reduce the amount thereof, in any case where in his opinion there are reasonable grounds for remitting or reducing the same. SCHEDULE. Form No. I.—Application for Order of Adoption under Section 3 or 4 of Act. “ The Adoption of Children Act, 1895.” To A. 8., Judge of the District Court holden at [or Stipendiary Magistrate for the Magistrate’s Court holden at ]. I [or, in case of husband and wife, We] [ Here state name or names in full, and add occupation and place of residence ], do hereby apply to adopt as my [or our] child C.D. [ name of child in full ], a male [or female, (and, if illegitimate, add illegitimate)] child under the age of fifteen years, whose parents are [State names in full, occupation, and place of residence of child's parents or legal guardian, if same can be ascertained ]. Dated at , this day of ,18 . (Signatures.) Witness to the signatures of the above applicants—A.B.. Judge, S.M., J.P., Clerk of Court, solicitor, Registrar, or Deputy Registrar of Supreme Court.

Form No. 2.—Application fob the Adoption of a Child under Section 10 of the Act. “ The Adoption of Children Act, 1895.” To A. 8., Judge of the District Court holden at [or Stipendiary Magistrate of the Magistrate’s Court holden at ]. I [name in full], of [place of residence, dc .], manager for the time being of [Here give name of institution and where situate, dc.], established in connection with the denomination, being desirous of adopting [name in full of child ], a male [or female] deserted child in connection with the said institution, do hereby apply for an order of adoption under section 10 of “ The Adoption of Children Act, 1895.” Dated at , this dav of ,18 . A. 8., Manager of the [State name of institution ]. Witness to the signature of the said [name of manager ] —C.D., Judge, S.M., J.P., Clerk of Court, solicitor, Registrar, or Deputy Registrar of Supreme Court. Fobm No. 3. —Appointment to be indorsed on Application. “ The Adoption of Children Act, 1895.” Upon reading the above [or within] application, I hereby appoint [Here state place, street, dc.] as the place, and , the of ,18 ,at o’clock in the noon, as the time, for hearing the said application. Dated this day of ,18 . A. 8., Judge, &c. [or S.M., &c.]. Form No. 4.—Summons to a Witness. “ The Adoption of Children Act, 1895.” To [name] , of [ address ], in the Provincial District of , New Zealand [ occupation ]. You are hereby commanded to attend, in your own proper person, at , on , the day of , 18 ,at the hour of o’clock in the noon, to testify the truth according to your knowledge in [Here state nature of proceeding], and to remain in attendance until the said matter be concluded or until you shall be lawfully discharged from attendance. Herein fail not at your peril. Given under my hand, this day of ,18 . A. 8., Judge, &c. [or Clerk of Court, or J.P., &c.]. Form No. s.—Consent to Order of Adoption. We [or I], of [place of residence, occupation, £c.], the parents [or one of the parents, or the guardian] of [name of child ], do hereby consent to an order of adoption being made in terms of “ The Adoption of Children Act, 1895,” in favour of [names or name, dc., of applicants or applicant ]. Dated at , this day of ,18 . (Signature.) Witness to the signature of the above-named [name] A. 8., Judge, S.M., Justice of the Peace, Clerk of Court, solicitor, Registrar, or Deputy Registrar of Supreme Court. Form No. 6.—Order of Adoption under Section 3 [or 4] of Act. “ The Adoption of Children Act, 1895.” Whereas, on the day of ,18 ,an application under section 3 [or 4] of “ The Adoption of Children Act, 1895,” was duly filed in the office of [name of Court], at , in the Provincial District of , in the Colony of New Zealand, by [name, place of residence, and occupation of applicant], for an order to adopt [name of child], a male [o? - female] child now aged years: And whereas all the conditions and requirements of the said Act, and the rules made thereunder, have been duly complied with and fulfilled, and I am satisfied of the several matters of which by the said Act lam required to be satisfied : Now, therefore, I, A. 8., Judge of the District Court for the District of [or Stipendiary Magistrate exercising jurisdiction for the time being within the District of ], do hereby order and adjudge that the said male [or female] child named may be and is hereby adopted by the said [names of applicants], [add and each of them if husband and wife] under the said Act, as from the date hereof. Given under my hand, at , this day of ,18 . A. 8., Judge, &c. [or S.M., &c.].

Form No. 7.—Order of Adoption under Section 10. “ The Adoption of Children Act, 1895.” Whereas, on the day of , 18 ,an application under section 10 of “ The Adoption of Children Act, 1895,” was duly filed in the office of [name of Court], at , in the Provincial District of , in the Colony of New Zealand, by , manager of the , established in connection with the denomination, for an order to adopt [name of child], a male [or female] deserted child, now aged years: And whereas all the conditions and requirements of the said Act and the rules made thereunder have been duly complied with and fulfilled, and I am satisfied of the several matters of which by the said Act I am required to be satisfied : Now, therefore, I, A. 8., Judge of the District Court for the District of [or Stipendiary Magistrate exercising jurisdiction for the time being within the District of ], do hereby order and adjudge that the said male [or female] child named may be and is hereby adopted in connection with the said institution by the said [name of manager], under section 10 of the said Act, as from the date hereof. Given under my hand, at , this day of ,18 . A. 8., Judge, &c. [or S.M., &c.]. Scale of Fees in respect of Proceedings under “ The Adoption of Children Act, 1895.” s. d. Filing application for order of adoption .. ..20 Filing application to discharge or vary order .. 2 0 Filing every affidavit or statutory declaration .. 2 0 Filing every consent .. .. .. ..20 Filing copy order of adoption .. .. ..20 Filing evidence of each witness taken viva voce on oath, or any document required by the Act or ordered by the Judge to be filed .. .. ..20 Appointment for hearing of any application .. 3 0 Hearing of any application .. .. ..50 Order thereon .. .. .. .. .. 10 0 Duplicate for filing .. .. .. ..20 Registering memorandum of discharge, &c., of order 3 0 Summons for witness .. .. .. ..2 0 Swearing each witness .. .. .. ..20 Service of any notice, appointment, summons, order, or other document: Is. per mile for one way only from Courthouse. As witness the hand of His Excellency the Governor, this twenty-sixth day of November, 1895. W. P. REEVES.