424
THE NEW ZEALAND GAZETTE.
[No. 28

201. Where the fee is per folio, the folio shall be counted
     at the rate of 72 words, and every numeral, whether contained
     in columns or otherwise written, shall be counted and charged
     for as a word.

202. Where the sum in dispute does not exceed £50, or the
     value of the res does not exceed £100, one-half only of the
     fees set forth in the table hereto annexed shall be charged
     and allowed.

203. Where costs are awarded to a plaintiff, the expression
     “sum in dispute” shall mean the sum recovered by him in
     addition to the sum, if any, counter-claimed from him by
     the defendant; and, where costs are awarded to a defendant,
     it shall mean the sum claimed from him in addition to the
     sum, if any, recovered by him.

204. The Judge may in any action order that half fees only
     shall be allowed.

205. If the same practitioner acts as both counsel and
     solicitor in an action, he shall not for any proceeding be
     allowed to receive fees in both capacities, nor to receive a fee
     as counsel where the act of a solicitor only is necessary.

REPEALING CLAUSE.

206. From and after the 1st day of January, 1884, except
     in regard to actions commenced before that day, the under-
     mentioned rules and regulations, together with all forms
     thereto annexed, and all tables of fees now in force in any
     Court, shall be repealed, viz.,—

(a.) The rules and regulations touching the practice to be
observed in suits and proceedings in the several Courts
of Vice-Admiralty abroad, established by an Order in
Council of the 27th June, 1832;

(b.) The twenty-fifth section of rules and regulations
touching the practice to be observed in suits and pro-
ceedings in the several Courts of Vice-Admiralty
abroad, substituted in lieu of section 25 in the former
rules and regulations, and established by an Order in
Council of the 25th June, 1851;

(c.) The additional rules and regulations for the several
Courts of Vice-Admiralty abroad, established by an
Order in Council of the 6th July, 1859;

(d.) Any of the above-mentioned rules and regulations, as
extended by subsequent Orders in Council to other
Vice-Admiralty Courts.

CASES NOT PROVIDED FOR.

207. In all cases not provided for by these rules the practice
     of the Admiralty Division of the High Court of Justice of
     England shall be followed.

COMMENCEMENT OF RULES.

208. These rules shall come into operation on the 1st day
     of January, 1884, and shall apply to all actions commenced
     on or after that day. Actions commenced before that day
     may, by consent of parties, and with permission of the Judge,
     be continued under these rules on such terms as to the Judge
     shall seem fit.

APPENDIX.

I. FORMS.

No. 1.

TITLE OF ACTION IN REM.

No. [Here insert the number of the action].

A.B., Plaintiff,

against

(a.) The ship

Or (b.) The ship

and freight.

Or (c.) The ship

, her cargo and freight.

Or (if the action is against cargo only),

(d.) The cargo ex the ship [State name of ship on
board of which the cargo now is or lately was
laden].

Or (if the action is against the proceeds realized by the sale of
the ship or cargo),

(e.) The proceeds of the ship.

Or (f.) The proceeds of the cargo ex the ship

Or as the case may be.

Action for [State nature of action, whether for damage by
collision, wages, bottomry, &c., as the case may be].

No. 2.

TITLE OF ACTION IN PERSONAM.

No. [Here insert the number of action].

A.B., Plaintiff,

against

The owners of the ship

[or as the case may be].

Action for [State nature of action, as in preceding form].

No. 3.

TITLE OF ACTION IN THE NAME OF THE CROWN.

No. [Insert number of action].

Our Sovereign Lady the Queen

[Add, where necessary, in her Office of Admiralty]

against

(a.) The ship

[or as the case may be].

Or (b.) A.B., &c. [the person or persons proceeded against].

Action for [State nature of action].

No. 4.

WRIT OF SUMMONS IN REM.

In the Vice-Admiralty Court of

(L.S.)

[Here insert title of action.]

VICTORIA, by the grace of God, of the United Kingdom of
Great Britain and Ireland Queen, Defender of the
Faith, Empress of India:

To the owners and all others interested in the ship

[her cargo and freight, &c., or as the case may be].

WE command you that, within one week after the service of
this writ, exclusive of the day of such service, you do cause
an appearance to be entered for you in our Vice-Admiralty
Court of

in the above-named action; and take notice
that in default of your so doing the said action may proceed,
and judgment may be given in your absence.

Given at

in our said Court, under the seal thereof,
this

day of

, 18

.

Memorandum to be subscribed on the Writ.

This writ may be served within [six months] from the date
thereof, exclusive of the day of such date, but not afterwards.

The defendant [or defendants] may appear hereto by
entering an appearance [or appearances] either personally
or by solicitor at the registry of the said Court situate at

.

No. 5.

WRIT OF SUMMONS IN PERSONAM.

In the Vice-Admiralty Court of

(L.S.)

[Here insert title of action.]

VICTORIA, by the grace of God, &c.

To C.D., of

, and E.F., of

.

WE command you that, within [one week] after the service
of this writ, exclusive of the day of such service, you do cause
an appearance to be entered for you in our Vice-Admiralty
Court of

, in the above-named action; and take
notice that in default of your so doing the said action may
proceed, and judgment may be given in your absence.

Given at

in our said Court, under the seal thereof,
this

day of

, 18

.

Memorandum to be subscribed on the Writ.

This writ may be served within [six months] from the date
thereof, exclusive of the day of such date, but not afterwards.

The defendant [or defendants] may appear hereto by
entering an appearance [or appearances] either personally or
by solicitor at the registry of the said Court situate at

.

No. 6.

INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE
THEREOF.

(1.) The plaintiff claims [Insert description of claim as
given in Form No. 7].

(2.) This writ was issued by the plaintiff in person, who
resides at [State plaintiff’s place of residence, with name of
street and number of house, if any].

Or,

This writ was issued by C.D., of [State place of business],
solicitor for the plaintiff.

(3.) All documents required to be served upon the said
plaintiff in the action may be left for him at [Insert address
for service within three miles of the registry].

Or, where the action is in the name of the Crown:

(1.) A.B., &c., claims [Insert description of claim as given
in Form No. 7].

(2.) This writ was issued by A.B. [State name and address
of person prosecuting in the name of the Crown, or his solicitor,
as the case may be].

(3.) All documents required to be served upon the Crown in
this action may be left at [Insert address for service within
three miles of the registry].

No. 7.

INDORSEMENTS OF CLAIM.

(1.) Damage by Collision:

The plaintiffs, as owners of the ship “Mary” [her cargo
and freight, &c., or as the case may be], claim the sum of £

against the ship “Jane” for damage occasioned
by a collision which took place [State where] on the
day of

, and for costs.