1024

THE NEW ZEALAND GAZETTE.

Knight Grand Cross of the Most Distin-
guished Order of Saint Michael and Saint
George, Governor and Commander-in-
Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies,
and Vice-Admiral of the same; and issued
under the Seal of the said Colony, at
the Government House, at Wellington,
this twenty-fifth day of July, in the year
of our Lord one thousand eight hundred
and seventy-nine.

G. S. WHITMORE.

GOD SAVE THE QUEEN!

Rules for the Court of Survey under "The Shipping
and Seamen's Act, 1877."

HERCULES ROBINSON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-fifth day of July, 1879.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Shipping and Seamen's Act,
1877," it is, amongst other things, enacted
that the Governor in Council may from time to time
make, and, when made, revoke, alter, and add to,
general rules, to carry into effect the provisions of
this Act with respect to a Court of Survey, as in the
said Act particularly mentioned:

Now, therefore I, Sir Hercules George Robert
Robinson, the Governor of the Colony of New
Zealand, by and with the advice and consent
of the Executive Council of the colony, and in
pursuance and exercise of the power and authority
conferred by the said Act, do hereby make the
following general rules to carry into effect the
provisions of the said Act in respect to the Court
of Survey, that is,—

RULES FOR THE COURT OF SURVEY.

1. These rules may be cited as "Rules of the
   Court of Survey."

Commencement.

2. These rules shall come into operation on the
   date hereof.

Interpretation.

3. In the construction of these rules and the form
   of proceedings thereunto, the following terms and
   expressions shall have the meanings hereby applied
   to them, unless there be something in the context
   repugnant thereto or inconsistent therewith: Words
   importing the singular number shall include the
   plural, and words importing the plural number shall
   include the singular number. "The said Act"
   means "The Shipping and Seamen's Act, 1877."
   "Minister" has the same meaning as given to that
   term in the said Act. "Court" means the Resident
   Magistrate's Court held at any port in the colony at
   which a ship has been detained under the said Act.
   Proceedings may be taken under these rules, and
   such Court shall be constituted as provided in the
   156th section of the said Act. "Clerk" shall mean
   the Clerk of such Court as provided by the said
   section. "Port" means any port defined under the
   provisions of any Act for the time being in force, or
   constituted by any other lawful authority.

Publication of Rules.

4. These rules shall be printed and published by
   the Government Printer, and a copy shall be kept
   at every Customhouse in the colony, and may be
   perused thereat by the master or owner of any ship
   which may be detained under "The Shipping and
   Seamen's Act, 1877," and by any one deputed by
   him.

Notice of Appeal.

5. Where the owner or master of a ship (hereinafter
   called "the appellant") desires to appeal to a Court
   of Survey, he shall file at the office of the Clerk
   having jurisdiction at the port at which the ship is
   detained (hereinafter called "the Court") a notice in
   the form No. 1 in the Appendix A.

Summoning of Court.

6. Immediately upon the filing of the notice of
   appeal, the Clerk shall communicate the fact by
   telegraph and letter to the Minister.

7. On ascertaining when the hearing will take
   place, the Clerk will take the instructions of the
   Magistrate or Justices, who are to form part of the
   Court, as to the Assessor to be appointed.

8. The Minister shall appoint the other Assessor,
   and shall forthwith send the name and address of
   such Assessor to the Clerk.

9. If the ship is a foreign ship, the Clerk shall
   give notice to the Consular Officer for the State to
   which the ship belongs, residing at or nearest to the
   place where the ship is detained, that, at the request
   of the appellant, some competent person will be
   selected by the Consular Officer to act as Assessor.

10. As soon as the Clerk has ascertained by whom
    the appeal will be heard, he shall summon the Court
    in the Form No. 2 in Appendix A. He shall at the
    same time send notice thereof to the Minister and to
    the appellant, in the Form No. 3 in Appendix A.

11. If the survey has been made on the complaint
    of any person (hereinafter called "the complainant"),
    the Minister shall send to him notice of the time and
    place appointed for the hearing.

12. Previous to the hearing, the Minister shall
    forward to the Clerk, to be produced as evidence at
    the hearing, an official copy of the report of the
    Surveyor.

13. The Court shall, if practicable, be summoned
    to hear the appeal on a day not later than fourteen
    days from filing of the notice of appeal.

Parties.

14. The Minister and the appellant shall be parties
    to the proceedings.

15. Any other person on entering an appearance
    may, by permission of the Court, be made a party to
    the proceedings.

Notice to produce.

16. Either party may give to the other a notice in
    writing to produce such documents (saving all just
    exceptions) as relate to any matters in difference
    and which are in possession or control of such other
    party; and, if such notice be not complied with,
    secondary evidence of the contents of the said docu-
    ments may be given by or on behalf of the party who
    gave such notice.

Notice to admit.

17. Either party may give to the other party notice
    in writing to admit any documents (saving all just
    exceptions), and, in case of neglect or refusal to
    admit after such notice, the party so neglecting or
    refusing shall be liable for all the costs of proving
    such documents, whatever the result may be, unless
    the Court is of opinion that the refusal to admit was
    reasonable; and no costs of proving any documents
    shall be allowed unless such notice be given, except
    where the omission to give the notice is, in the
    opinion of the officer by whom the costs are taxed, a
    saving of expenses.

Witnesses.

18. The Court shall have power to issue a sum-