Mar. 5.] THE NEW ZEALAND GAZETTE. 423

163. The entry of a caveat warrant shall not prevent the issue of a warrant, but a party at whose instance a warrant shall be issued for the arrest of any property in respect of which there is a caveat warrant outstanding shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the Judge good and sufficient reason to the contrary.

164. The party at whose instance a caveat release or caveat payment is entered shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the Judge good and sufficient reason to the contrary.

165. A caveat shall not remain in force for more than [six months] from the date of entering the same.

166. A caveat may at any time be withdrawn by the person at whose instance it has been entered, on his filing a notice withdrawing it. A form of notice of withdrawal will be found in the Appendix hereto, No. 60.

167. The Judge may overrule any caveat.

SUBPOENAS.

168. Any party desiring to compel the attendance of a witness shall serve him with a subpoena, which shall be prepared by the party, and issued under the seal of the Court. Forms of subpoenas will be found in the Appendix hereto, Nos. 61 and 62.

169. A subpoena may contain the names of any number of witnesses, or may be issued with the names of the witnesses in blank.

170. Service of the subpoena must be personal, and may be made by the party or his agent, and shall be proved by affidavit.

ORDERS FOR PAYMENT.

171. On application by a party to whom any sum has been found due, the Judge may order payment to be made out of any money in Court applicable for the purpose.

If there is no such money in Court, or if it is insufficient, the Judge may order that the party liable shall pay the sum found due, or the balance thereof, as the case may be, within such time as to the Judge shall seem fit. The party to whom the sum is due may then obtain from the registry and serve upon the party liable an order for payment under seal of the Court. A form of order for payment will be found in the Appendix hereto, No. 63.

ATTACHMENTS.

172. If any person disobeys an order of the Court, or commits a contempt of Court, the Judge may order him to be attached. A form of attachment will be found in the Appendix hereto, No. 64.

173. The person attached shall without delay be brought before the Judge, and, if he persists in his disobedience or contempt, the Judge may order him to be committed. Forms of order for committal and of committal will be found in the Appendix hereto, Nos. 65 and 66.

The order for committal shall be executed by the Marshal.

EXECUTION.

174. Any decree or order of the Court may be enforced in the same manner as a decree or order of the Supreme Court of the possession may be enforced.

INSTRUMENTS, ETC.

175. Every warrant, release, commission, attachment, and other instrument to be executed by any officer of, or Commissioner acting under the authority of, the Court, shall be prepared in the registry and signed by the Registrar, and shall be issued under the seal of the Court.

176. Every document issued under the seal of the Court shall bear date on the day of sealing, and shall be deemed to be issued at the time of the sealing thereof.

177. Every document requiring to be served shall be served within [six months] from the date thereof, otherwise the service shall not be valid.

178. Every instrument to be executed by the Marshal shall be left with the Marshal by the party at whose instance it is issued, with written instructions for the execution thereof.

NOTICES FROM THE REGISTRY.

179. Any notice from the registry may be either left at, or sent by post to, the address for service of the party to whom notice is to be given.

FILING.

180. Documents shall be filed by leaving the same in the registry, with a minute stating the nature of the document, and the date of filing it. A form of minute on filing any document will be found in the Appendix hereto, No. 67.

181. Any number of documents in the same action may be filed with one and the same minute.

182. No document, except preliminary acts, bail-bonds, documents issued from the registry, and minutes, shall be filed without a certificate indorsed thereon, signed by the party filing the same, that a copy thereof has been served upon the adverse party, if any.

TIME.

183. If the time for doing any act or taking any proceeding in an action expires on a Sunday, or on any other day on which the registry is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, it may be done or taken on the next day on which the registry is open.

184. Where, by these rules or by any order made under them, any act or proceeding is ordered or allowed to be done within or after the expiration of a time limited from or after any date or event, such time, if not limited by hours, shall not include the day of such date or of the happening of such event, but shall commence on the next following day.

185. The Judge may, on the application of either party, enlarge or abridge the time prescribed by these rules or forms, or by any order made under them, for doing any act or taking any proceeding, upon such terms as to him shall seem fit; and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time prescribed.

SITTINGS OF THE COURT.

186. The Judge shall appoint proper and convenient times for sittings in Court and in Chambers, and may adjourn the proceedings from time to time and from place to place as to him shall seem fit.

REGISTRY.

187. The registry shall be open to suitors during fixed hours to be appointed by the Judge.

188. The Registrar shall obey all the lawful directions of the Judge. He shall attend all sittings whether in Court or in Chambers, and shall take minutes of all the proceedings. He shall have the custody of all records of the Court. He shall collect for the Judge’s use the fees payable to him. He shall not act as counsel or solicitor in the Court.

MARSHAL.

189. The Marshal shall execute by himself or his officer all instruments issued from the Court which are addressed to him, and shall make returns thereof.

190. Whenever, by reason of distance or other sufficient cause, the Marshal cannot conveniently execute any instrument in person, he shall employ some competent person as his officer to execute the same.

HOLIDAYS.

191. The registry and the Marshal’s office shall be closed on Sundays, Good Friday, Easter Monday, Easter Tuesday, and Christmas Day, and on such days as are appointed by law or by the Governor of the possession to be kept as holidays or fast-days.

RECORDS OF THE COURT.

192. There shall be kept in the registry a book, to be called the minute-book, in which the Registrar shall enter, in order of date, under the head of each action, and on a page numbered with the number of the action, a record of the commencement of the action, of all appearances entered, all documents issued or filed, all acts done, and all orders and decrees of the Court, whether made by the Judge, or by the Registrar, or by consent of the parties in the action. Forms of minute of order of Court, of minute on examination of witnesses, of minute of decree, and of minutes in an action for damage by collision, will be found in the Appendix hereto, Nos. 68 to 71.

193. There shall be kept in the registry a caveat warrant book, a caveat release book, and a caveat payment book, in which all such caveats respectively and the withdrawal thereof shall be entered by the Registrar.

194. Any solicitor may, free of charge, inspect the minute- and caveat-books.

195. The parties to an action may, while the action is pending, and for [one year] after its termination, inspect free of charge all the records in the action.

196. Except as provided by the two last preceding rules, no person shall be entitled to inspect the records in a pending action without the permission of the Registrar.

197. In an action which is terminated, any person may, on payment of a search-fee, inspect the records in the action.

COPIES.

198. Any person entitled to inspect any document in an action shall, on payment of the proper charges for the same, be entitled to an office copy thereof under seal of the Court.

FORMS.

199. The forms in the Appendix to these rules shall be followed with such variations as the circumstances may require, and any party using any other forms shall be liable for any costs occasioned thereby.

FEES.

200. Subject to the following rules, the fees set forth in the tables of fees in the Appendix hereto shall be allowed on taxation.