634

THE NEW ZEALAND GAZETTE.

112. Such writs, when ordered to issue, are to be
     prepared by the party at whose instance the order
     has been obtained, and taken to the Registrar's Office,
     and compared with the Registrar's minute of the
     order, and when approved and signed by one of the
     Registrars, shall be sealed with the seal of the Court;
     and it shall not be necessary for the Judge to sign
     such writ.

113. Any person in custody under a writ of
     attachinent may apply for his or her discharge to the
     Judge, or in his absence to the Registrar; who for
     good cause shown shall have power to order such
     discharge.

Notices.

114. All notices required by these Rules and
     Regulations, or by the practice of the Court, shall be
     in writing or print, and signed by the party, or by
     his or her solicitor.

Service of Notices, &c.

115. It shall be sufficient to leave all notices and
     copies of pleadings and other instruments which by
     these Rules and Regulations are required to be given
     or delivered to the opposite parties in the cause, or
     to their solicitors, and personal service of which is
     not expressly required, at the address furnished as
     aforesaid by the petitioner and respondent respec-
     tively.

116. When it is necessary to give notice of any
     motion to be made to the Court, or to serve any
     summons, such notice or summons shall be served on
     the opposite parties, who have entered an appearance,
     four clear days previously to the hearing of such
     motion or summons; and a copy of the notice so
     served shall be filed in the Registrar's Office with
     the case for motion or summons; but no proof of the
     service of the notice will be required, unless by
     direction of the Judge.

117. If any order be obtained on motion or sum-
     mons without due notice to the opposite parties,
     such order will be rescinded on the application of
     the parties upon whom the notice should have been
     served; and the expense of and arising from the
     rescinding of such order shall fall on the party who
     obtained it, unless the Judge shall otherwise direct.

118. When it is necessary to serve personally any
     order or decree of the Court, the original order
     or decree, or an office copy thereof, under seal of the
     Court, must be produced to the party served, and
     annexed to the affidavit of service marked as an
     exhibit by the person before whom the affidavit is
     sworn.

Office Copies, Extracts, &c.

119. The Registrar of the Court is to have the
     custody of all pleadings and other documents now or
     hereafter to be brought in or filed, and of all entries
     of orders and decrees made in any matter or suit
     depending under the Act; and all other rules and
     orders, and fees payable in respect of searches for,
     inspection or copies of, and extracts from and
     attendance with, books and documents in the Regis-
     trar's Office, shall extend to such pleadings and other
     documents brought in or filed; and all entries of
     orders and decrees made in the Court under the
     Act, save the length of the copies and extracts, shall
     in all cases be computed at the rate of seventy-two
     words per folio.

120. Office copies or extracts furnished from the
     Registrar's Office will not be collated with the
     originals from which the same are copied, unless
     specially required. Every copy so required to be
     examined shall be certified under the hand of the
     Registrar or Deputy Registrar of the Court to be an
     examined copy.

121. The seal of the Court will not be affixed
     to any copy which is not certified to be an examined
     copy.

Time fixed for these Rules.

122. The Judge shall in every case in which a time
     is fixed by these Rules and Regulations for the
     performance of any act, or for any proceeding in
     default, have power to extend the same to such time,
     and with such qualifications and restrictions, and on
     such terms, as to him may seem fit.

123. To prevent the time limited for the per-
     formance of any act, or for any proceeding in default,
     from expiring before application can be made to
     the Judge for an extension thereof, a Registrar may,
     upon reasonable cause being shown, extend the time;
     provided that such time shall in no case be extended
     beyond the day upon which the Judge shall next
     sit in Chambers under the Act.

124. The time fixed by these Rules and Regu-
     lations for the performance of any act or of any
     proceeding in a cause, shall in all cases be exclusive
     of Sunday, Christmas Day, and Good Friday, and
     the other holidays mentioned in the general rules
     of practice and procedure of the Supreme Court.

Bond not required.

125. On a decree for judicial separation being
     pronounced, it shall not be necessary for either party
     to enter into a bond conditioned against marrying
     again.

Change of Solicitor.

126. A party may obtain an order to change his or
     her solicitor, upon application by summons to the
     Judge, or to the Registrar in his absence.

127. In case the former solicitor neglects to file
     his bill of costs for taxation at the time required by
     the order served upon him, the party may, with the
     sanction and by order of the Judge or Registrar,
     proceed in the cause by the new solicitor, without
     previous payment of such costs.

Order for the immediate Examination of a Witness.

128. Application for an order for the immediate
     examination of a witness who is within the jurisdic-
     tion of the Court, is to be made to the Judge-or to
     the Registrar in his absence, by summons; or if on
     behalf of a petitioner proceeding in default of appear-
     ance of the parties cited in the cause, without
     summons, before the Registrar, who will direct the
     order to issue, or refer the application to the Judge
     as he may think fit.

129. Such witness shall be examined viva voce,
     unless otherwise directed, before a person to be
     agreed upon by the parties in the cause, or to be
     nominated by the Judge or by the Registrar to whom
     the application for the order is made.

130. The parties entitled to cross-examine the
     witness to be examined under such an order shall
     have four clear days' notice of the time and place
     appointed for the examination, unless the Judge or
     the Registrar to whom the application is made for the
     order shall direct a shorter notice to be given.

Commission and Requisition for Examination of
Witnesses.

131. Application for a commission or requisition
     to examine witnesses who are out of the jurisdiction
     of the Court is to be made by summons, or, if on behalf
     of a petitioner proceeding in default of appearance,
     without summons, before the Registrar, who will order
     such commission or requisition to issue, or refer the
     application to the Judge as he may think fit.

132. A commission or requisition for examination
     of witnesses may be addressed to any person to be
     nominated and agreed upon by the parties in the
     cause and approved of by the Registrar, or for want
     of agreement, to be nominated by the Registrar to
     whom the application is made.

133. The commission or requisition is to be drawn
     up and prepared by the party applying for the same;
     and a copy thereof shall be delivered to the parties