438
THE NEW ZEALAND GAZETTE.
[No. 28

(11.) Decree of Condemnation under Customs or Revenue Acts:
The Judge, having heard, &c., condemned the ship [or cargo or proceeds, &c., as the case may be] as forfeited to Her Majesty for violation of the Act [State what Act].

(12.) Decree for Pecuniary Forfeiture or Penalty under Customs Act or other Act:
The Judge, having heard, &c., pronounced the said goods to have been landed [or other illegal act to have been done] in violation of the Act [State what Act], and condemned the defendant, C.D. [the owner of the said goods, or as the case may be], in the penalty of £ imposed by the said Act [and in costs].

No. 71.
MINUTES IN AN ACTION FOR DAMAGE BY COLLISION.
A.B., &c.,
against
The ship “Mary.”

No. 18 Jan. 3 | A writ of summons [and a warrant] was [or were] issued to X.Y. on behalf of A.B., &c., the owners of the ship “Jane,” against the ship “Mary” [and freight, or as the case may be], in an action for damage by collision. Amount claimed, £1,000.
" 5 | Y.Z. filed notice of appearance on behalf of C.D., &c., the owners of the ship “Mary.”
" 6 | X.Y. filed writ of summons.
" 6 | The Marshal filed warrant.
" 7 | Y.Z. filed bail-bond to answer judgment as against the defendants [or as the case may be] in the sum of £1,000, with affidavit of service of notice of bail.
" 7 | A release of the ship “Mary” was issued to Y.Z.
" 8 | X.Y. filed preliminary Act [and notice of motion for pleadings].
" 8 | Y.Z. filed preliminary Act.
" 10 | The Judge, having heard solicitors on both sides [or as the case may be], ordered pleadings to be filed.
" 11 | X.Y. filed petition.
" 14 | Y.Z. filed answer [and counter-claim].
" 15 | X.Y. filed reply.
" 16 | The Judge, having heard solicitors on both sides [or as the case may be], ordered both plaintiffs and defendants to file affidavits of discovery, and to produce, if required, for mutual inspection, the documents therein set forth within [three days].
" 18 | X.Y. filed affidavit of discovery.
" 19 | Y.Z. filed affidavit of discovery.
" 22 | X.Y. filed notice of trial.
" 26 | X.Y. produced as witnesses [State names of witnesses, who, having been sworn, were examined orally in Court, the said [State names] having been sworn and examined by interpretation of [State name of interpreter], interpreter of the language. Present [State names of Assessors present, if any], Assessors.
Y.Z. produced as witnesses, &c. [as above].
The Judge, having heard [State whether plaintiffs and defendants, or their counsel or solicitors, as the case may be], and having been assisted by [State names and descriptions of Assessors, if any], pronounced in favour of the plaintiffs [or defendants], and condemned the defendants [or plaintiffs] and their bail [if bail has been given] in the amount to be found due to the plaintiffs [or defendants] [and in costs]. And he ordered that an account should be taken, and referred the same to the Registrar [assisted by merchants] to report the amount due, and ordered that all accounts and vouchers, with the proofs in support thereof, should be filed within days [or as the case may be].

Feb. 5 | X.Y. filed statement of claim, with accounts and vouchers in support thereof [numbered 1 to ], and affidavits of [State names of deponents, if any].
" 8 | Y.Z. filed accounts and vouchers [numbered 1 to ] in answer to claim.
" 9 | X.Y. filed notice for hearing of reference.
" 15 | X.Y. [or Y.Z] filed Registrar’s report, &c.

Here insert address for service of documents required to be served on the plaintiffs. Here insert address for service of documents required to be served on the defendants.:

NOTE.—The above minutes are given as such as might ordinarily be required in an action in rem for damage by collision, where pleadings have been ordered. In some actions many of these minutes would be superfluous; in others additional minutes would be required.

II. TABLES OF FEES TO BE TAKEN BY THE JUDGES, REGISTRARS, MARSHALS, AND PRACTITIONERS, ETC., OF THE VICE-ADMIRALTY COURTS.

I.—BY THE JUDGE.

£ s. d.
On administering any oath or declaration in Court or in Chambers .. .. .. 0 5 0
On examination before him of any witness before trial .. .. .. 1 0 0
On any motion in Chambers .. .. .. 0 10 0
On any motion in Court .. .. .. 1 0 0
On a final decree in an uncontested action .. .. .. 1 0 0
On a final decree in a contested action .. .. .. 5 0 0
On the assessment of damages, or taking of { From 1 0 0
any account, if assessed or taken by the { To 5 0 0
Judge, according to the case
On signing or certifying any document .. .. .. 0 5 0

II.—BY THE REGISTRAR.

1. For preparing Instruments, &c.
   For sealing any writ of summons or other document required to be sealed .. .. .. 0 2 6
   For preparing any warrant, release, commission, attachment, or other instrument, required to be sealed, or any bail-bond .. .. .. 0 10 0
   For preparing a receivable order or a receipt for money to be paid out of Court .. .. .. 0 5 0
   For preparing and sending any notice .. .. .. 0 2 6
   For preparing any other document for every folio 0 2 0

NOTE.—The fees for preparing shall include drawing and fair copying or engrossing.

2. For Filing.
   On filing any instrument or other document, except minutes and exhibits .. .. .. 0 5 0

3. For Evidence, &c.
   For administering any oath or declaration, except before the Judge .. .. .. 0 2 6
   For taking down and certifying the evidence of any witness examined before him, for every folio .. .. .. 0 1 6

4. For the Trial, &c.
   On a final decree in an uncontested action .. .. .. 0 10 0
   On a final decree in a contested action .. .. .. 1 0 0
   For attendance before the Judge when any order is made or act done, other than pronouncing a final decree .. .. .. 0 10 0

NOTE.—The above fees shall include the entry of the decree or order in the minute-book.

5. For References.
   For hearing any reference, according to the { From 1 0 0
   case, per day { To 5 0 0
   For preparing the report of a reference .. .. .. 1 0 0

6. For Taxations.
   For taxing a bill of costs:—
   If the bill does not exceed [ten] folios.. .. .. .. 0 10 0
   For every folio beyond [ten] .. .. .. .. 0 1 0

7. For Office Copies, &c.
   For an office copy of any document, for every folio (in addition to the fee for sealing) .. .. .. 0 1 0
   For a search of the records by any person not a party to the action .. .. .. 0 2 6

NOTE.—No search-fee is to be charged to a party to the action, or to any seaman.

III.—BY THE ASSESSORS.
For each nautical or other Assessor, whether at the examination of witnesses or at the trial of an action, or upon any assessment of damages, or taking of an account, according to the case, per day { From 1 0 0
{ To 5 0 0

NOTE.—The above fees shall be paid to the Registrar, for the Assessors, and [in the first instance] by the party preferring the claim.

IV.—BY A COMMISSIONER TO EXAMINE WITNESSES.
For administering any oath or declaration .. .. .. 0 2 6
For taking down and certifying the evidence of any witness examined before him, for every folio .. .. .. 0 1 6

V.—BY A COMMISSIONER TO TAKE BAIL.
For attending the execution of any bail-bond .. .. .. 0 10 0
For taking any affidavit of justification .. .. .. 0 2 6

VI.—BY THE MARSHAL.
For executing any warrant or attachment .. .. .. 1 0 0
For keeping possession of any ship, goods, or ship and goods (exclusive of any payments necessary for the safe custody thereof), for each day .. .. .. 0 2 6

NOTE.—No fee shall be allowed to the Marshal for the custody and possession of property under arrest, if it consists of money in a bank, or of goods stored in a bonded warehouse, or if it is in the custody of a Customhouse officer or other authorized person.