19

H.—C

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows— 1. The Short Title of this Act shall be " The Private Estate Bills Act 1867." 2. " The Private Estates Bills Act 18()5" is hereby repealed. 3. Every petition for and preamble to a Private Estate Bill shall contain an allegation that the objects of the proposed Bill are not attainable otherwise than by legislation. 4. At any time within one calendar month after the publication in the New Zealand Gazette and in a newspaper published in the Province in which any estate the subject of or to be affected by an intended application to the General Assembly for a Private Estate Act shall be situated of a notice signed by one or more of the intending petitioners for such Private Estate Act of his or their intention to apply by petition to the General Assembly for the passing of such Private Estate Bill it shall be lawful for the person or persons signing such notice to file in the office of the Registrar or one of the Registrars of the Supreme Court of the judicial district in which the hereditaments to be affected by such Private Estate Act shall be situated a copy of such petition and of the proposed Bill and to apply to a Judge of the Supreme Court in such judicial district for an order that such inquiry shall be held as is hereinafter provided. 5. Such Judge may thereupon direct how such inquiry shall be carried on who shall be the parties to such inquiry and what notices thereof shall be served and on whom am! in what manner such notices shall be served and shall give such other directions concerning the conduct of the inquiry as may seem to him fit. (i. It shall thereupon be lawful for such Judge or for any other one of the Judges acting in and for the judicial district aforesaid (at such time and place and in such manner and upon such proof of notice to parties interested if any other than the petitioners as to such Judge shall seem meet) to take and hear evidence upon oath or affirmation and either orally or by affidavit in support of or in opposition to the allegations contained in such petition and in the preamble to such proposed Bill other than the allegation that the objects of the proposed Bill are not attainable otherwise than by legislation. 7. It shall be lawful for the Judge to whom any application shall be made for an order for the holding of any such inquiry or for the Judge before whom any inquiry shall be commenced if he shall think fit to order that a special jury shall be summoned to attend before him at a convenient time and place to be by him fixed to hear the evidence in support of the allegations in such petition and preamble and the evidence if any in opposition thereto and it shall be lawful for such jury subject to the direction of the Judge before whom the evidence is taken as to the legal effect of such evidence by special verdict to find or to negative the existence of the facts so stated and if a special jury shall be directed to be summoned it shall be struck and summoned in like manner as special juries are struck and summoned in civil actions in the Supreme Court. 8. The Judge before whom such evidence shall be taken . or such verdict shall be found as aforesaid shall by a report ' or certificate under his hand and under the seal of the Supreme Court of the Colony addressed to the Speaker of the Legislative Council of the Colony report or certify to such Legislative Council the result of the evidence adduced before him if taken without a jury or the verdict of the jury if such evidence shall have been heard before a jury. !). Such Judge shall also in like manner report or certify to the Legislative Council of the Colony whether or not I the objects of the proposed Bill are such as may in the opinion ' of such Judge be attained by proceedings in the Supreme ' Court or otherwise than by a special Act of the Legislature < and whether the provisions of the proposed Bill are such as ' will if the same be passed into law effect the proposed objects of such Bill Such Judge may if he shall think fit request one or more Judges of the Supreme Court to peruse such report or certificate and to consider so much thereof as shall relate to the objects of the proposed Bill and may abstain from signing so much of the said report or certificate as shall relate to such objects unless some Judge whom he shall request to consider the same shall concur with him in and sign so much of the said report or certificate. 10. In the summoning of witnesses and in the holding I of and in all proceeding relating to the inquiry and in the s taking of evidence as aforesaid the practice and procedure J of the Supreme Court for the time being relating to civil actions shall be followed so far as they may be found or made applicable to such proceedings and jurors and witnesses summoned upon such inquiries and parties to and

Short Title. Repeal clause. Allegation of petition.

Copy of petition and proposed Bill may be filed In Supreme Court

Judge may direct how inquiry to be carried on, &c.

Judge may hear evidence.

J udge may cause jury to be summoned.

•ludge t<) report or certify facts found.

And whether legislation requisite and proposed Act suitable to effect its objects.

Rules of Supreme Court when applicable to be followed.