Mar. 5.] THE NEW ZEALAND GAZETTE. 421

the dates when and the places where it is sworn, shall be inserted in the jurat.

92. When an affidavit is made by any person who is blind, or who from his signature or otherwise appears to be illiterate, the person before whom the affidavit is sworn shall certify that the affidavit was read over to the deponent, and that the deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the person before whom the affidavit was sworn.

93. When an affidavit is made by a person who does not speak the English language, the affidavit shall be taken down and read over to the deponent by interpretation either of a sworn Interpreter of the Court, or of a person previously sworn faithfully to interpret the affidavit. A form of jurat will be found in the Appendix hereto, No. 35.

94. Affidavits may, by permission of the Judge, be used as evidence in an action, saving all just exceptions,—

(1.) If sworn to in the United Kingdom of Great Britain and Ireland, or in any possession, before any person authorized to administer oaths in the said United Kingdom or in such possession respectively;

(2.) If sworn to in any place not being a part of Her Majesty’s dominions, before a British Minister, Consul, Vice-Consul, or notary public, or before a Judge or Magistrate, the signature of such Judge or Magistrate being authenticated by the official seal of the Court to which he is attached.

95. The reception of any affidavit as evidence may be objected to if the affidavit has been sworn before the solicitor for the party on whose behalf it is offered, or before a partner or clerk of such solicitor.

EXAMINATION OF WITNESSES BEFORE TRIAL.

96. The Judge may order that any witness who cannot conveniently attend at the trial of the action shall be examined previously thereto before either the Judge or the Registrar, who shall have power to adjourn the examination from time to time and from place to place if he shall think necessary. A form of order for examination of witnesses will be found in the Appendix hereto, No. 36.

97. If the witness cannot be conveniently examined before the Judge or the Registrar, or is beyond the limits of the possession, the Judge may order that he shall be examined before a Commissioner specially appointed for the purpose.

98. The Commissioner shall have power to swear any witnesses produced before him for examination, and to adjourn, if necessary, the examination from time to time and from place to place. A form of commission to examine witnesses will be found in the Appendix hereto, No. 37.

99. The parties, their counsel and solicitors, may attend the examination, but, if counsel attend, the fees of only one counsel on each side shall be allowed on taxation, except by order of the Judge.

100. The evidence of every witness shall be taken down in writing, and shall be certified as correct by the Judge, or Registrar, or by the Commissioner, as the case may be.

101. The certified evidence shall be lodged in the registry, or, if taken by commission, shall forthwith be transmitted by the Commissioner to the registry, together with his commission. A form of return to commission to examine witnesses will be found in the Appendix hereto, No. 38.

102. As soon as the certified evidence has been received in the registry it may be taken up and filed by either party, and may be used as evidence in the action, saving all just exceptions.

SHORTHAND WRITER.

103. The Judge may order the evidence of the witnesses, whether examined before the Judge, or the Registrar, or a Commissioner, to be taken down by a shorthand writer, who shall have been previously sworn faithfully to report the evidence; and a transcript of the shorthand writer’s notes, certified by him to be correct, and approved by the Judge, Registrar, or Commissioner, as the case may be, shall be lodged in or transmitted to the registry as the certified evidence of such witnesses. A form of oath to be administered to the shorthand writer will be found in the Appendix hereto, No. 39.

PRINTING.

104. The Judge may order that the whole of the pleadings and written proofs, or any part thereof, shall be printed before the trial; and the printing shall be in such manner and form as the Judge shall order.

105. Preliminary acts, if printed, shall be printed in parallel columns.

ASSESSORS.

106. The Judge, on the application of any party, or without any such application if he considers that the nature of the case requires it, may appoint one or more Assessors to advise the Court upon any matters requiring nautical or other professional knowledge.

107. The fees of the Assessors shall be paid in the first instance by the plaintiff, unless the Judge shall otherwise order.

SETTING DOWN FOR TRIAL.

108. An action shall be set down for trial by filing a notice of trial. A form of notice of trial will be found in the Appendix hereto, No. 40.

109. If there has not been any appearance, the plaintiff may set down the action for trial, on obtaining from the Judge leave to proceed ex parte—

(a.) In an action in personam, or an action against proceeds in Court, after the expiration of [two weeks] from the service of the writ of summons;

(b.) In an action in rem (not being an action against proceeds in Court), after the expiration of [two weeks] from the filing of the warrant.

110. If there has been an appearance, either party may set down the action for trial—

(a.) After the expiration of [one week] from the entry of the appearance, unless an order has been made for pleadings, or an application for such an order is pending;

(b.) If pleadings have been ordered, when the last pleading has been filed, or when the time allowed to the adverse party for filing any pleading has expired without such pleading having been filed.

In collision cases the preliminary acts may be opened as soon as the action has been set down for trial.

111. Where the writ of summons has been indorsed with a claim to have an account taken, or the liability has been admitted or determined, and the question is simply as to the amount due, the Judge may, on the application of either party, fix a time within which the accounts and vouchers and the proofs in support thereof shall be filed, and at the expiration of that time either party may have the matter set down for trial.

TRIAL.

112. After the action has been set down for trial the Registrar shall send notice to the parties of the day on which it will be tried.

113. At the trial of a contested action the plaintiff shall in general begin; but, if the burden of proof lies on the defendant, the Judge may direct the defendant to begin.

114. If there are several plaintiffs or several defendants the Judge may direct which plaintiff or which defendant shall begin.

115. The party beginning shall first address the Court, and then produce his witnesses, if any. The other party or parties shall then address the Court, and produce their witnesses, if any, in such order as the Judge may direct, and shall have a right to sum up their evidence. In all cases the party beginning shall have the right to reply, but shall not produce further evidence, except by permission of the Judge.

116. Only one counsel shall in general be heard on each side; but the Judge, if he considers that the nature of the case requires it, may allow two counsel to be heard on each side.

117. If the action is uncontested, the Judge may, if he thinks fit, give judgment on the evidence adduced by the plaintiff.

REFERENCES.

118. The Judge may, if he thinks fit, refer the assessment of damages and the taking of any account to the Registrar, either alone or assisted by one or more merchants as Assessors.

119. The rules as to evidence, and as to the trial, shall apply, mutatis mutandis, to a reference to the Registrar, and the Registrar may adjourn the proceedings from time to time and from place to place if he shall think necessary.

120. Counsel may attend the hearing of any reference, but the costs so incurred shall not be allowed on taxation unless the Registrar shall certify that the attendance of counsel was necessary.

121. When a reference has been heard, the Registrar shall draw up a report in writing of the result, showing the amount, if any, found due, and to whom, together with any further particulars that may be necessary. A form of the report will be found in the Appendix hereto, No. 41.

122. When the report is ready, notice shall be sent to the parties, and either party may thereupon take up and file the report.

123. Within [two weeks] from the filing of the Registrar’s report either party may file a notice of motion to vary the report, specifying the items objected to.

124. At the hearing of the motion the Judge may make such order thereon as to him shall seem fit, or may remit the matter to the Registrar for further inquiry or report.

125. If no notice of motion to vary the report is filed within [two weeks] from filing the Registrar’s report, the report shall stand confirmed.

COSTS.

126. In general, costs shall follow the result, but the Judge may in any case make such order as to the costs as to him shall seem fit.