Mar. 5.] THE NEW ZEALAND GAZETTE. 439

On release of any ship, goods, or person from arrest 0 10 0
For attending the unlivery of cargo, for each day.. 2 0 0
For executing any commission of appraisement,
sale, or appraisement and sale, exclusive of the
fees, if any, paid to the appraiser and auctioneer 1 0 0
For executing any other commission or instrument 1 0 0
On the gross proceeds of any ship, or goods, &c.,
sold by order of the Court,—
If not exceeding £100 .. .. .. 1 0 0
For every additional £100 or part thereof .. 0 10 0
NOTE.—If the Marshal, being duly qualified, acts as
auctioneer, he shall be allowed a double fee on the gross
proceeds.
On a final decree in an uncontested action .. 0 10 0
On a final decree in a contested action .. .. 1 0 0
NOTE.—If the Marshal or his officer is required to go any
distance in execution of his duties a reasonable sum may be
allowed for travelling, boat-hire, or other necessary expenses,
in addition to the preceding fees.

VII.—BY THE SOLICITOR.
Retaining-fee .. .. .. .. .. 0 10 0
For preparing a writ of summons (to include attend-
ances in the registry for sealing the same) .. 0 10 0
For bespeaking and extracting any warrant or other
instrument prepared in the registry (to include
attendances) .. .. .. 0 10 0
For serving a writ of summons or a subpoena .. 0 5 0
For taking instructions for a petition or answer .. 1 0 0
For drawing a petition or answer .. .. 1 0 0
For taking instructions for any further pleading .. 0 5 0
For drawing any further pleading .. .. 0 10 0
For drawing any other document, for every folio .. 0 1 0
For fair-copying or engrossing any document, for
every folio .. .. .. .. 0 0 6
For taking instructions for any affidavit (un-
less made by the solicitor or his clerk), or { From 0 5 0
for interrogatories or answers, according to { To 1 0 0
the nature or importance thereof
For taking instructions for brief .. { From 0 5 0
{ To 1 0 0
For attending counsel in conference or consul-
tation .. .. .. .. 0 10 0
For attending to fee counsel .. .. .. 0 10 0
For attendance on any motion before the Judge,←
If with counsel .. .. .. 0 10 0
If without counsel.. .. .. 1 0 0
For attending the examination of witnesses before
the trial, for each day,—
If with counsel .. .. .. 1 0 0
If without counsel.. .. .. 2 0 0
For attendance at the trial for each day.. { From 1 0 0
{ To 3 0 0
For attendance at the delivery of judgment, if re-
served .. .. .. .. 0 10 0
For attendance at the hearing of a reference to the
Registrar for each day,—
If with counsel .. .. .. { From 1 0 0
{ To 2 0 0
If without counsel.. .. .. { From 1 0 0
{ To 5 0 0
For any other necessary attendance before the
Judge, or in the registry, or on the Marshal, or
on the adverse party or solicitor, in the course of
the action .. .. .. .. 0 5 0
NOTE.—When more than one document can conveniently
be filed, or one document can be filed and another bespoken,
at the same time, the fee for one attendance only shall be
allowed.
For any necessary letter to the adverse party .. 0 3 6
For serving any notice .. .. 0 2 6
For extracting and collating any office copy ob-
tained from the registry, for every folio .. 0 0 4
For correcting the press, for every folio .. .. 0 0 2
For attending the taxation of any bill of costs, not
exceeding [ten] folios .. .. .. 0 10 0
For every folio beyond [ten] .. .. .. 0 0 6

VIII.—BY COUNSEL.
Retaining-fee .. .. .. .. 1 1 0
For settling any pleading, interrogatories, or { From 1 1 0
answers, &c. { To 4 4 0
For any necessary consultation in the course { From 1 1 0
of the action { To 2 2 0
For any motion .. .. .. { From 1 1 0
{ To 3 3 0
For the examination of witnesses before the { From 2 2 0
trial, for each day { To 4 4 0
For the trial of an uncontested action .. .. 2 2 0
For the trial of a contested action, for the { From 3 3 0
first day { To 10 10 0
For each day after the first .. .. { From 2 2 0
{ To 5 5 0

£ s. d.
For attending judgment if reserved .. { From 1 1 0
{ To 2 2 0
For the hearing of a reference to the { From 2 2 0
Registrar, for each day { To 5 5 0
NOTE.—Where the same practitioner acts as both counsel
and solicitor he may, for any proceeding in which a counsel’s
fee might be allowed, charge such fee in lieu of a solicitor’s
fee.

WITNESSES.

The allowances to witnesses for loss of time and travelling
expenses shall be according to the scale for the time being in
force in the Supreme Court of the possession by authority of
the Judge or Judges of that Court.

———

APPEALS.

ORDER IN COUNCIL ESTABLISHING RULES FOR APPEALS.

At the Court at Windsor, the 11th day of December, 1865.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY,
Lord President, | Duke of Somerset,
Mr. Secretary Cardwell.

WHEREAS there was this day read at the Board a report from
the Right Honourable the Lords of the Judicial Committee
of the Privy Council, dated the 5th December instant, humbly
setting forth that, by an Act passed in the session of Parlia-
ment held in the sixth and seventh years of Her Majesty’s
reign, intituled “An Act to make further Regulations for
facilitating the hearing Appeals and other Matters by the
Judicial Committee of the Privy Council,” it was, amongst
other things, enacted that it should be lawful for the said
Judicial Committee from time to time to make such rules,
orders, and regulations respecting the practice and mode of
proceeding in all appeals from Ecclesiastical and Admiralty
and Vice-Admiralty Courts, and the conduct and duties of
the officers and practitioners therein, as to them should seem
fit, and from time to time to repeal or alter such rules,
orders, and regulations, provided always that no such
rules, orders, or regulations should be of any force or effect
until the same should have been approved by Her Majesty in
Council; and that the Lords of the said Judicial Committee
have agreed humbly to report to Her Majesty their opinion
that it is expedient that the following rules should be esta-
blished respecting the practice and mode of proceeding in all
such appeals as aforesaid, and therewith humbly submitting
the same for the approval of Her Majesty in Council:

Her Majesty, having taken the said report into considera-
tion, was pleased, by and with the advice of her Privy Council,
to approve thereof, and of the rule set forth therein, in the
words following, videlicet,—

RULES FOR APPEALS IN ECCLESIASTICAL AND MARITIME
CAUSES.

1. In the construction of these rules, the following terms
   shall (if not inconsistent with the context or subject-matter)
   have the respective meanings hereinafter assigned to them
   that is to say,—
   “Appeal” shall mean an appeal to Her Majesty in
   Council in any ecclesiastical or maritime cause:
   “Judicial Committee” shall mean the Judicial Com-
   mittee of Her Majesty’s Privy Council, as the same
   shall be constituted for hearing any such appeal:
   “Registry” shall mean the registry of Her Majesty’s
   Court of Appeals in Ecclesiastical and Maritime
   Causes:
   “Registrar” shall mean the Registrar of Her Majesty in
   Ecclesiastical and Maritime Causes:
   “Solicitor” shall mean any proctor, solicitor, or attorney
   entitled to practise before the Judicial Committee
   in any appeal, or the party himself when conducting
   the appeal in person:
   “Instrument” shall mean any inhibition, citation, moni-
   tion, relaxation, remission, attachment, sequestra-
   tion, or other document on parchment issued under
   the seal of Her Majesty in ecclesiastical and mari-
   time causes:
   “Month” shall mean calendar month.

2. Any solicitor, attorney, or proctor who shall be entitled
   to practise in the High Court of Chancery in England, in the
   Superior Courts of Common Law at Westminster, in the
   High Court of Admiralty of England, or in the Arches Court
   of Canterbury, shall be entitled to practise in any appeal.

3. A solicitor desiring to prosecute an appeal shall leave
   in the registry his petition to Her Majesty in Council in
   duplicate, together with an office copy of the decree or order
   appealed from if the appeal has been apud acta, or the
   instrument of appeal if the appeal has been before a notary
   or witnesses. A form of the petition of appeal is given in the
   Appendix, and is marked No. 1.

4. When the Registrar has ascertained that the petition of
   appeal has been referred to the Judicial Committee, he may,