440
THE NEW ZEALAND GAZETTE.
[No. 28

on the application of the solicitor, issue the usual inhibition and citation, and monition of process. Forms of the inhibition and citation and of the monition for process are given in the Appendix, and are marked Nos. 2 and 3.

5. If, within [one month] from the date of the petition of appeal being referred to the Judicial Committee, the solicitor for the appellant shall not take out the inhibition and citation and the monition for process, the appeal shall stand dismissed.

6. The inhibition and citation shall be served on the Registrar of the Court appealed from, as well as on the adverse party. If proof is given to the satisfaction of the Registrar that service cannot be made upon the adverse party, it may be served upon his solicitor. It may also in any case be served upon the solicitor instead of the party, if the solicitor is willing to accept such service. The monition shall be served on the Registrar of the Court appealed from.

7. Within [one month] from the issue of the inhibition and citation and the monition for process if the appeal is from a Court in the United Kingdom, and within [four months] if from a Court out of the United Kingdom, the solicitor for the appellant shall return the same duly served, together with the process, into the registry, and if he shall not do so the appeal shall stand dismissed.

8. The solicitor for the respondent may enter an appearance at any time after the petition of appeal has been referred to the Judicial Committee, and whether the inhibition and citation and the monition for process have been taken out or not. A form of the appearance is given in the Appendix, and is marked No. 4.

9. If the respondent’s solicitor desires to adhere to the appeal, he shall, within [one month] from the time of entering an appearance, file in the registry a declaration of adhesion, stating from what part of the decree or order of the Court below he desires to appeal. A form of the declaration of adhesion is given in the Appendix, and is marked No. 5.

10. Within [one month] from the process being brought in, the solicitor for the appellant shall bring into the registry printed copies of the Appendix; and if he shall not do so the appeal shall stand dismissed.

11. The Appendix shall be paged consecutively throughout, and shall have an index at the commencement. It shall contain a copy of all documents filed in the Court below material to the issue in the appeal, and of the judgment of the said Court given on the occasion of the decree or order appealed from, certified by the reporter of the Court to be correct.

12. Within [one month] from the printed copies of the Appendix being brought in, the solicitor for the appellant shall bring into the registry printed copies of his case; and if he shall not do so the appeal shall stand dismissed.

13. Within [one month] from the printed copies of the Appendix being brought in, the solicitor for the respondent shall bring in printed copies of his case; and if he shall not do so the appellant may notwithstanding proceed with his appeal.

14. As soon as the time allowed for bringing in the cases has expired, the appeal shall stand for hearing before the Judicial Committee, provided that where an appearance has not been entered a period of [four months] has expired from the bringing-in of the petition of appeal.

15. Where the appellant resides out of the United Kingdom, he shall, within [two months] after his solicitor has been served with a notice to that effect, give bail by two sufficient sureties to answer the costs of the appeal in the sum of [two hundred pounds]; and if he shall not do so the appeal shall stand dismissed. Forms of the bail-bond, affidavit of justification, and commission to take bail, are given in the Appendix, and are marked Nos. 6, 7, and 8.

16. At any time before the appeal is set down for hearing before the Judicial Committee, the Registrar may, on the application of either solicitor, make an order on the adverse solicitor to file a proxy from his party within such time as the Registrar shall appoint; and, if the adverse solicitor shall not within such time file his proxy, motion may be made to the Judicial Committee to enforce the order either by dismissing the appeal, or in such other way as the Judicial Committee shall direct. A form of the proxy is given in the Appendix, and is marked No. 9.

17. It shall be competent to the appellant’s solicitor at any stage of the proceedings to file in the registry a proxy from his party, stating that he abandons the appeal, and consents to be condemned in the costs thereof, and thereupon the appeal shall stand dismissed. A form of the proxy of abandonment is given in the Appendix, and is marked No. 10.

18. The Registrar may, on good cause shown, extend the time allowed by these rules for doing any act.

19. When an appeal by these rules stands dismissed, the appellant shall, unless there is a special agreement to the contrary, stand condemned in the costs of the appeal.

20. When an appeal by these rules stands dismissed, either solicitor may within one fortnight from that time file in the registry a notice of motion to have the appeal reinstated, and on the hearing of the motion the Judicial Committee may, if it so think fit, direct the appeal to be reinstated, subject to such order as to the costs or otherwise as to it shall seem meet.

21. If notice of motion to have the appeal reinstated be not given within the time prescribed by the preceding rule, the Registrar may, on the application of either solicitor, issue a relaxation of the inhibition. A form of the relaxation of inhibition is given in the Appendix, and is marked No. 11.

22. If, on the final hearing, the Judicial Committee shall order the cause to be remitted, the Registrar shall, on the application of either solicitor, issue a remission. A form of the remission is given in the Appendix, and is marked No. 12.

23. Neither solicitor shall be entitled to plead specially, whether in objection to the jurisdiction or in respect of noviter perventa or of any other matter, without leave having been first obtained from the Judicial Committee.

24. In case either solicitor is allowed to plead, the rules which are in force for the time being in the High Court of Admiralty in regard to pleadings and proofs shall, so far as they are applicable and not inconsistent with these rules, be the rules in regard to pleadings and proofs in appeals.

25. In case any matter is referred to the Registrar, or to the Registrar assisted by merchants, to report upon, the same rules which are in force for the time being in the High Court of Admiralty in regard to references shall, so far as they are applicable, be the rules in regard to references in the Court of Appeal.

26. If a party shall not pay any amount which shall have been found to be due from him within [a fortnight] after he shall have received notice from the adverse solicitor demanding payment of the same, the Registrar may, on the application of the solicitor and on an affidavit being filed proving the notice, issue a monition for payment thereof. A form of the monition for payment is given in the Appendix, and is marked No. 13.

27. Upon the monition being returned duly served, and an affidavit filed that the amount has not been paid, motion may be made to the Judicial Committee for an attachment or a sequestration, as the case may be. Forms of the attachment, supersedeas of attachment, sequestration, relaxation of sequestration, sequestration of benefice, and relaxation of sequestration of benefice are given in the Appendix, and are marked Nos. 14, 15, 16, 17, 18, and 19.

28. When an appendix or case is brought in, [sixty] copies thereof shall be left in the registry, and [forty] delivered to the adverse solicitor, if any.

29. Save in an appeal proceeding by default, no document shall be allowed to be filed without a certificate that a copy thereof has been previously served upon the adverse solicitor.

30. Any consent in writing between the solicitors may, with the approval of the Registrar, be filed, and shall thereupon become an order of Court.

31. The practice heretofore existing in regard to libels of appeal, setting down causes on motion by counsel, and all acts and proceedings before surrogates, are abolished. But the same fees shall be allowed for filing any document, returning any instrument, or doing any act by a solicitor in the registry as have heretofore been allowed for doing any similar act before a surrogate in chambers.

32. The existing practice of the Court shall continue in force, save in so far as it is inconsistent with these rules.

33. All instruments already issued or hereafter to be issued, and which are made returnable before the Judicial Committee, or before a surrogate of the Judicial Committee, may be returned into the registry.

34. These rules shall come into operation on the 1st day of February, 1866, and shall apply to all appeals prosecuted on or after that day, and to all proceedings which shall then remain to be had or done in appeals prosecuted before that day.

And Her Majesty is further pleased to order, and it is hereby ordered, that the foregoing rules be punctually observed, obeyed, and carried into execution in all appeals or petitions and complaints in the nature of appeals, brought to Her Majesty, or to her heirs and successors, from the High Court of Admiralty of England, or from any of Her Majesty’s Courts of Vice-Admiralty in any of Her Majesty’s colonies or plantations abroad, or from any other Court of Admiralty Jurisdiction, and likewise from all Courts Ecclesiastical from which an appeal lies to Her Majesty in Council:

Whereof the Right Honourable the Judge of the High Court of Admiralty in England, the Right Honourable the Dean of the Arches Court of Canterbury, the Commissary of the Exchequer Court of York, and all other Judges and officers of the said Courts of Admiralty or Ecclesiastical Jurisdiction, and all other persons whom it may concern, are to take notice and govern themselves accordingly.

ARTHUR HELPS.