Ост. 19.] THE NEW ZEALAND GAZETTE. 1503

Scale of Allowances to Prosecutors and Witnesses.

26. Allowances will be made to prosecutors and
    witnesses as follows: For every day's attendance or
    necessary absence from home, —

Female witnesses, at the rate of two-thirds
the allowance of male witnesses of correspond-
ing rank.

For models or plans when required, such sum as may
be certified by the Registrar, not exceeding 2 2 0

Witnesses residing beyond three miles from
the town or city in which the Court is held will
also be allowed their coach, railway, or steam-
boat fares. By railway or steamer, second-class
fares will be allowed to labourers, journeymen,
and mechanics; and first-class fares to other
witnesses.

Where there is no public conveyance, wit-
nesses will be allowed a mileage rate not exceed-
ing 9d. per mile, one way.

They will also be allowed 3s., in addition, for
each night they are necessarily detained from
their own homes, except when travelling by sea.

Salaried officers of Government will not be
paid for their time, but only their actual and
necessary expenses, upon the scale for the time
being in force under the Civil Service Regula-
tions, or other allowance applicable to the parti-
cular branch of the public service.

(3.) Appeals under "The Justices of the Peace
Act, 1882."

27. The costs of proceedings on an appeal under
    the above Act, whether to the District Court or
    the Supreme Court, to be allowed, shall not ex-
    ceed £10 10s.

28. This sum will include all the charges of the
    solicitor employed on behalf of the Crown, and also
    counsel's fee, but will be exclusive of fees of Court
    and expenses of witnesses, if any, under Part III.
    (Title II.) of "The Justices of the Peace Act, 1882."

Witnesses' expenses will be allowed upon the same
scale as in criminal prosecutions.

29. If an appeal is removed by certiorari or other-
    wise to a superior Court, the conduct of proceedings
    will remain with the solicitor who commenced them;
    but, unless under exceptional circumstances, no
    further costs will be allowed than those before pre-
    scribed.

30. The scale prescribed will apply whether the
    Crown be appellant or respondent, and if the convic-
    tion be affirmed, or judgment be otherwise obtained,
    no further costs will be claimed on behalf of the
    Crown that would be allowed under this scale.

31. The costs to be allowed where a case is stated
    by the District Court for the opinion of the Supreme
    Court, or in prohibition cases under "The Justices
    of the Peace Act, 1882," will be regulated by the
    scale applicable to like proceedings under Part II. of
    these regulations.

(4.) Crown Cases reserved for Opinion of Court of
Appeal.

32. Fees to be allowed to counsel in these cases
    shall be such as shall be fixed by the Attorney-
    General in each case.

(5.) Miscellaneous.

33. Instructions respecting any of the matter
    provided for in Part I. shall be issued by the Departs
    ment of Justice, and all Crown Solicitors shall com-
    municate with that department upon business of the
    nature included within the preceding regulations.

34. In Part I. of these regulations, if not incon-
    sistent with the context, —

"Attorney-General" includes "Solicitor-Gene-
ral:"

"Crown Solicitor" means a solicitor appointed
to prosecute for the Crown in the Supreme
Court, and includes solicitors appointed to
prosecute for the Crown under "The District
Courts Act, 1858," and applies also to any
solicitor who may be employed for any par-
ticular case:

"Registrar" means the Registrar of the Supreme
Court at the place where a trial is or is to be
held, and includes the Clerk of a District
Court at any such place.

PART II.—CIVIL PROCEEDINGS.

(1.) In the Court of Appeal.

35. The scale of costs in the Court of Appeal shall
    be such as may from time to time be in force under
    "The Court of Appeal Act, 1882."

The regulations relating to costs in civil proceed-
ings in the Supreme Court hereinafter contained
shall, so far as applicable, apply to costs in the Court
of Appeal.

(2.) In the Supreme Court.

36. The scale of costs as between solicitor and
    client, in cases where the Crown has to pay costs, shall,
    subject to the terms of these regulations, be such as
    would be allowed in cases between party and party
    in the Supreme Court, according to the rules of
    practice and procedure for the time being in force
    under "The Supreme Court Act, 1882."

37. When the proceedings have terminated, the
    solicitor shall prepare a voucher for his costs and
    transmit the same to the Registrar of the Supreme
    Court, who shall forward it to the department in-
    structing proceedings, with his certificate as to the
    number of witnesses subpœnaed or examined, Court
    fees paid, and other disbursements charged.

38. Witnesses' expenses will be allowed at the
    same rate as allowed to witnesses in civil cases
    between subject and subject.

39. In all other cases not herein provided for, the
    scale of costs for the time being payable under the
    rules of practice and procedure as aforesaid shall be
    followed and observed as nearly as may be in all
    matters to which they may be applicable.

40. If there are exceptional circumstances render-
    ing it necessary that more than the usual scale
    should be allowed to any witness, the solicitor may
    make such additional allowance as he thinks reason-
    able, but the reason for the addition must be stated
    when the voucher for costs is rendered.

(3.) In Inferior Courts.

41. The costs payable to a solicitor employed
    by the Crown in all suits in the District Court
    shall, subject to these regulations, not exceed those
    which would be payable by a litigant party in such
    Court if unsuccessful.

But, where the Crown is a party to several cases
heard at the same sitting of the Court, such sum shall
be fixed in each case as may be agreed upon between
the head of the department instructing the proceed-
ings and the solicitor employed.

42. The last preceding rule shall also apply to
    cases in Resident Magistrates' Courts in their civil
    jurisdiction.

(4.) Compensation Cases under "The Public Works
Act, 1882."

43. The following shall be the scale of costs