JUNE 4.] THE NEW ZEALAND GAZETTE. 719

Fixing Fees under the Resident Magistrates Acts.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of May, 1885.

Present:

His Excellency the Governor in Council.

WHEREAS by section one hundred and twenty-seven of “The Resident Magistrates Act, 1867,” it is enacted that the fees to be taken in respect of the said Act shall be fixed, varied, and abolished as the Governor in Council shall from time to time direct and appoint:

Now, therefore, His Excellency the Governor, in pursuance and exercise of the powers and authorities aforesaid, doth hereby, with the advice and consent of the Executive Council of the Colony of New Zealand, order, prescribe, and declare that, on and from the first day of July, one thousand eight hundred and eighty-five, the fees heretofore fixed to be taken and paid under “The Resident Magistrates Act, 1867,” and Acts amending the same, shall be abolished, and in lieu thereof the fees specified in the Schedule hereto shall be the fees to be taken and paid in respect of the several proceedings, matters, and things under the aforesaid Acts mentioned and set forth in the said Schedule.

SCHEDULE.

(1867.)

Plaint, summons, and service .. s. 3 5 10 15 20
Hearing and judgment .. 3 5 10 15 20
Confession and judgment.. 2 3 5 8 10
For each additional summons and service where more than one defendant .. 2 4 6 8 10
Filing notice of set-off .. 2 3 3 4 6
Summons for each witness .. 3 3 3 3 3
Every order not being final .. 2 2 3 4 5
Adjournment of hearing on application of either party .. 1 2 3 4 5
For every application for reinstatement of summons.. 1 2 3 4 5
Filing agreement as to jurisdiction 2 2 2 2 2
Filing notice of application for rehearing .. 2 3 4 5 6
Application for rehearing.. 4 5 5 5 10
Order for rehearing .. 2 2 3 4 5
Order giving leave to appeal .. 5 10 .. ..
Setting case for appeal, not exceeding five folios (1s. for every additional folio to be added) .. 10 10 10 10
Warrants of distress and execution 3 4 5 6 7
Poundage on warrants—
If goods sold under levy, 1s. in the pound or fraction of a pound on gross proceeds, not to exceed 1s. in the pound or fraction of a pound on amount to be levied.
If execution stayed after levy, 1s. in the pound or fraction of a pound on amount for which warrant was issued.
Keeping possession, 8s. a day or portion of a day.
Auctioneer’s commission, £5 per cent.
Advertising, actual cost.
For every application to the Court, not being a hearing .. 2 3 4 5 6
Filing notice thereof .. 1 1 1 1 1
Swearing and filing affidavit .. 1 1 1 1 1
For every search .. 1 1 1 1 1
For every document required in proceedings and not enumerated, not exceeding two folios, 2s ; for every additional folio, 1s.
Copies not exceeding two folios, 1s ; and for every extra two folios or part of two folios, 1s.
Filing, &c., of bond under sections 89, 90, and 100 of Act .. 5 5 5 5 5

Filing plaint for recovery of possession of tenement, summons, and service, if within two miles of courthouse—
If amount claimed .. 8 8 10 15 ..
If no amount claimed, 8s.
Order for delivery of possession of tenement .. 4 4 5 6 ..
Warrants for delivery of possession of tenement and execution .. 4 4 5 6 ..
Information and application to Court under section 87, 5s.
Warrant to view, 3s.
Notice to affix, 1s.
Interpleader summons .. 5 5 10 15 20
Summons for each witness on interpleader .. 3 3 3 3 3
Order on interpleader summons .. 5 5 10 15 20
Service of any summons, process, or notice (not otherwise provided for), within two miles, 2s.
Mileage for service of any process or execution of any warrant, 1s. a mile beyond two miles from the courthouse from which the service commences to the residence of defendant, or actual expenses, at discretion of Magistrate.

(1868.)

Warrant to arrest under section 17 5 10 20 30 40
For every bail-bond .. 4 4 6 8 10
For every proceeding under section 20, same fees as under “The District Courts Act, 1858.”

FORSTER GORING,
Clerk of the Executive Council.

Rules of Native Land Court.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of June, 1885.

Present:

His Excellency the Governor in Council.

WHEREAS it is enacted by “The Native Land Court Act, 1880,” that it shall be lawful for the Judges, subject to the approval of the Governor in Council, from time to time to make rules to regulate the sittings, practice, forms, and procedure of the Native Land Court, and for the government of all persons acting under the said Act, and also for fixing the fees to be paid, the time and mode of payment, and for enforcing the payment thereof, and such rules from time to time by other rules to alter and revoke:

And whereas under the authority of, and in conformity with, the provisions of the said Act, certain rules were made and approved, and published in the New Zealand Gazette number one hundred and fourteen, dated the second day of December, one thousand eight hundred and eighty:

Now, therefore, we, the Judges of the said Court, do hereby, in pursuance of the said power, make the rules following, that is to say,—

RULES.

1. So much of the rules aforesaid as appears under the heading of “Schedule of Fees which may be charged at Judges’s discretion” is hereby revoked.

2. The fees set out in the “Schedule of Fees” hereto are hereby fixed as the fees payable under the said Act, save that such fees, or any of them, may, in the discretion of any Judge of the Court, be remitted or abated, and may either be paid when they accrue or be charged against any land the subject of the business in respect of which such fees accrue.

Schedule of Fees. £ s. d.
Affixing seal of the Court to any document not mentioned below .. .. .. 0 5 0
Subpoena .. .. .. 0 5 0
Filing any document .. .. .. 0 3 0
Swearing a witness .. .. .. 0 2 0
Hearing in Court, per day, each party .. .. 1 0 0
Certificate of title .. .. .. 1 0 0
Copy of same .. .. .. 0 10 0