mons to a witness as nearly as may be in form used
in a Resident Magistrate's Court, and such summons
shall have effect and may be served in any part of
the colony.

Affidavits.
19. Affidavits may, by permission of the Court, be
used at the hearing, when sworn to in any of the
following ways, viz. :-

1. In the United Kingdom, before any Judge
   or Registrar of a Court of Survey, or before
   a person authorized to administer oaths in
   the Supreme Court of Judicature, or before a
   Commissioner empowered to take or receive
   affidavits, or before a Justice of the Peace for
   the county or place where it is sworn or
   made.
2. In New Zealand, before any person or autho-
   rity authorized to take affidavits in the
   Supreme Court of the colony.
3. In any place in the British dominions out of
   the United Kingdom, before any Court,
   Judge, or Justice of the Peace, or any person
   authorized to administer oaths there in any
   Court.
4. In any place out of the British dominions,
   before a British Minister, Consul, Vice-
   Consul, or Notary Public, or before a Judge
   or Magistrate, his signature being authenti-
   cated by the official seal of the Court to
   which such Judge or Magistrate is attached.

Proceedings in Court.
20. At the hearing, the Minister shall first call his
witnesses, and, having done so, shall state in writing
what order he requires the Court to make.
21. The complainant, if he has appeared, shall
then call his witnesses, and, having done so, shall
state in writing what order he requires the Court to
make.
22. The appellant shall then call his witnesses,
and, having done so, shall state in writing what order
he requires the Court to make.
23. After the appellant has examined all his wit-
nesses, the Minister and the complainant may, on
cause shown to the satisfaction of the Court, call
further witnesses in reply.
24. After all the witnesses have been examined,
the Court shall first hear the appellant, then the
complainant (if any), and afterwards the Minister.
25. Either party, or a complainant, can appear in
person, or by counsel, or solicitor, in any proceedings
in Court.
26. The Court may be adjourned from time to
time, and from place to place, as may be most con-
venient.
27. The Court may deliver the decision of the
Court either viva voce or in writing; and if in writing
it may be sent or delivered to the respective parties,
and it shall not be necessary to hold a Court merely
for the purpose of giving the decision.
28. As soon as possible after the Court has come
to its decision, the Court shall forward an order for
the release or detention (either finally or on con-
ditions) of the vessel, in the Form No. 4 in Ap-
pendix A.
29. The Court shall report to the Minister in the
Form No. 5 in Appendix A.

Costs and Damages.
30. The Court may, if the parties consent thereto
in writing, decide whether costs, or costs and damages,
are due, and to and from whom, and may assess the
amount thereof; or the parties may, by consent in
writing, refer the questions to the Court.
31. The order for the payment of costs, or of costs
and damages, shall be in the Form No. 6 in Appen-
dix A.

THE NEW ZEALAND GAZETTE. 1025

Computation of Time.
32. In computing the number of days within
which any act is to be done, the same shall be
reckoned exclusive of the first day and inclusive of
the last day, unless the last day shall happen to fall
on a Sunday, Christmas Day, or Good Friday, in
which case the time shall be reckoned exclusive of
that day. Also,
33. The days between Thursday next before and
Wednesday next after Easter Day, and Christmas
Day and the three following days, shall not be
reckoned or included in the computation.

Service of Notice.
34. Any notice, summons, or other document
issuing out of the Court, may be served by post.
35. The service of any notice, summons, or other
document may be proved by the oath or affidavit of
the person by whom it was served.
36. The fees, a table whereof is in Appendix B,
shall be demanded and taken in any proceedings
before a Court of Survey.

APPENDIX A.
THE following forms shall be employed, as far as
possible, with such alterations as circumstances may
require, but no deviation from the prescribed form
shall invalidate the proceedings, unless the Court
shall be of opinion that the deviation was material:—

No. 1.-Notice of Appeal.
"The Shipping and Seamen's Act, 1877."
In the matter of the ship
To the Clerk of the Court of Survey at
TAKE notice that I [name and address], the master [or
managing owner, or owner of
shares], of the
ship , of the port of do appeal (1) from
the report of the L.M., the Surveyor appointed by
the Minister to survey the said ship; or (2) from a
declaration given by , an Inspector and Sur-
veyor, or an Engineer Surveyor [or from the refusal
of , an Inspector and Surveyor, or an Engi-
neer Surveyor, to give a declaration], under the pro-
visions of section 186 of "The Shipping and Sea-
men's Act, 1877;" or (3) from the refusal of
an Emigration Officer [or as the case may be], to give
a certificate of clearance under sections 11 and 50 of
"The Passengers Act, 1855;" or (4) from the
refusal of , an Inspector and Surveyor, or
, appointed by the Minister under section
176 of "The Shipping and Seamen's Act, 1877," to
give a certificate that the said ship is properly pro-
vided with lights, and with the means of making
fog signals.
The address at which all notices and documents
may be served by post or otherwise on me is
Dated
day of
(To be signed by the Appellant.)
,

No. 2.-Summons to Court.
"The Shipping and Seamen's Act, 1877."
The Court of Survey for
In the matter of an appeal by
from the
report of the L.M., the Surveyor appointed by the
Minister to survey the [or as the case may be].
IN pursuance of "The Shipping and Seamen's Act,
1877," I hereby summon you to attend as Assessor
on this appeal at
, on the
day of
, at the hour of
in the
noon.
Dated this
day of
, 18
.
Clerk to the Court of Survey.
I will attend as summoned.
(Signature of person summoned.)