420
THE NEW ZEALAND GAZETTE.
[No. 28

(2.) The time of the collision;
(3.) The place of the collision;
(4.) The direction and force of the wind;
(5.) The state of the weather;
(6.) The state and force of the tide;
(7.) The course and speed of the ship when the other was first seen;
(8.) The lights, if any, carried by her;
(9.) The distance and bearing of the other ship when first seen;
(10.) The lights, if any, of the other ship which were first seen;
(11.) The lights, if any, of the other ship, other than those first seen, which came into view before the collision;
(12.) The measures which were taken, and when, to avoid the collision;
(13.) The parts of each ship which first came into collision;
(14.) What fault or default, if any, is attributed to the other ship.

PLEADINGS.

55. Every action shall be heard without pleadings, unless the Judge shall otherwise order.

56. If an order is made for pleadings, the plaintiff shall within one week from the date of the order file his petition, and within one week from the filing of the petition the defendant shall file his answer, and within one week from the filing of the answer the plaintiff shall file his reply, if any; and there shall be no pleading beyond the reply, except by permission of the Judge.

57. The defendant may, in his answer, plead any set-off or counter-claim; but if, in the opinion of the Judge, such set-off or counter-claim cannot be conveniently disposed of in the action, the Judge may order it to be struck out.

58. Every pleading shall be divided into short paragraphs, numbered consecutively, which shall state concisely the facts on which the party relies; and shall be signed by the party filing it. Form of pleadings will be found in the Appendix hereto, No. 21.

59. It shall not be necessary to set out in any pleading the words of any document referred to therein, except so far as the precise words of the document are material.

60. Either party may apply to the Judge to decide forthwith with any question of fact or of law raised by any pleading, and the Judge shall thereupon make such order as to him shall seem fit.

61. Any pleading may at any time be amended, either by consent of the parties, or by order of the Judge.

INTERROGATORIES.

62. At any time before the action is set down for hearing, any party desirous of obtaining the answers of the adverse party on any matters material to the issue may apply to the Judge for leave to administer interrogatories to the adverse party to be answered on oath, and the Judge may direct within what time and in what way they shall be answered, whether by affidavit or by oral examination.

63. The Judge may order any interrogatory that he considers objectionable to be amended or struck out; and, if the party interrogated omits to answer or answers insufficiently, the Judge may order him to answer or to answer further, and either by affidavit or by oral examination. Forms of interrogatories and of answers will be found in the Appendix hereto, Nos. 22 and 23.

DISCOVERY AND INSPECTION.

64. The Judge may order any party to an action to make discovery, on oath, of all documents which are in his possession or power relating to any matter in question therein.

65. The affidavit of discovery shall specify which, if any, of the documents therein mentioned the party objects to produce. A form of affidavit of discovery will be found in the Appendix hereto, No. 24.

66. Any party to an action may file a notice to any other party to produce, for inspection or transcription, any document in his possession or power relating to any matter in question in the action. A form of notice to produce will be found in the Appendix hereto, No. 25.

67. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse party may apply to the Judge for an order to produce.

ADMISSION OF DOCUMENTS AND FACTS.

68. Any party may file a notice to any other party to admit any document or fact (saving all just exceptions), and a party not admitting it after such notice shall be liable for the costs of proving the document or fact, whatever the result of the action may be, unless the taxing officer is of opinion that there was sufficient reason for not admitting it. Forms of notice to admit will be found in the Appendix hereto, Nos. 26 and 27.

69. No costs of proving any document shall be allowed unless notice to admit shall have been previously given, or the taxing officer shall be of opinion that the omission to give such notice was reasonable and proper.

SPECIAL CASE.

70. Parties may agree to state the questions at issue for the opinion of the Judge in the form of a special case.

71. If it appears to the Judge that there is in any action a question of law which it would be convenient to have decided in the first instance, he may direct that it shall be raised in a special case, or in such other manner as he may deem expedient.

72. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the Judge to decide the question at issue.

73. Every special case shall be signed by the parties, and may be filed by any party.

MOTIONS.

74. A party desiring to obtain an order from the Judge shall file a notice of motion, with the affidavits, if any, on which he intends to rely.

75. The notice of motion shall state the nature of the order desired, the day on which the motion is to be made, and whether in Court or in Chambers. A form of notice of motion will be found in the Appendix hereto, No. 28.

76. Except by consent of the adverse party, or by order of the Judge, the notice of motion shall be filed [twenty-four hours] at least before the time at which the motion is made.

77. When the motion comes on for hearing, the Judge, after hearing the parties, or, in the absence of any of them, on proof that the notice of motion has been duly served, may make such order as to him shall seem fit.

78. The Judge may, on due cause shown, vary or rescind any order previously made.

TENDERS.

79. A party desiring to make a tender in satisfaction of the whole or any part of the adverse party's claim shall pay into Court the amount tendered by him, and shall file a notice of the terms on which the tender is made.

80. Within a week from the filing of the notice the adverse party shall file a notice stating whether he accepts or rejects the tender, and, if he shall not do so, he shall be held to have rejected it. Forms of notice of tender and of notice accepting or rejecting it will be found in the Appendix hereto, Nos. 29 and 30.

81. Pending the acceptance or rejection of a tender the proceedings shall be suspended.

EVIDENCE.

82. Evidence shall be given either by affidavit or by oral examination, or partly in one mode, partly in another.

83. Evidence on a motion shall in general be given by affidavit, and at the hearing by the oral examination of witnesses; but the mode or modes in which evidence shall be given, either on any motion or at the hearing, may be determined either by consent of the parties or by order of the Judge.

84. The Judge may order any person who has made an affidavit in an action to attend for cross-examination thereon before the Judge, or the Registrar, or a Commissioner specially appointed.

85. Witnesses examined orally before the Judge, the Registrar, or a Commissioner, shall be examined, cross-examined, and re-examined in such order as the Judge, Registrar, or Commissioner may direct; and questions may be put to any witness by the Judge, Registrar, or Commissioner, as the case may be.

86. If any witness is examined by interpretation, such interpretation shall be made by a sworn Interpreter of the Court, or by a person previously sworn, according to the form in the Appendix hereto, No. 31.

OATHS.

87. The Judge may appoint any person to administer oaths in Vice-Admiralty proceedings generally, or in any particular proceedings. Forms of appointments to administer oaths will be found in the Appendix hereto, No. 32.

88. If any person tendered for the purpose of giving evidence objects to take an oath, or is objected to as incompetent to take an oath, or is, by reason of any defect of religious knowledge or belief, incapable of comprehending the nature of an oath, the Judge or person authorized to administer the oath shall, if satisfied that the taking of an oath would have no binding effect on his conscience, permit him, in lieu of an oath, to make a declaration. Forms of oath and of declaration in lieu of oath will be found in the Appendix hereto, Nos. 33 and 34.

AFFIDAVITS.

89. Every affidavit shall be divided into short paragraphs numbered consecutively, and shall be in the first person.

90. The name, address, and description of every person making an affidavit shall be inserted therein.

91. The names of all the persons making an affidavit, and