266

THE NEW ZEALAND GAZETTE.

[No. 11

27. It might be sufficient, probably, in framing any such
    rule or rules, merely to direct that the sums allowed to wit-
    nesses shall be regulated according to the English or the
    Indian scale, and the Courts here will act accordingly. But
    if the High Courts are to use their process to compel the
    attendance of witnesses, and to punish them for disobedi-
    ence, it is necessary, of course, that the sums to be allowed
    to witnesses should be correctly defined.

28. I consider that it would not be proper for me to com-
    municate directly upon this subject with the authorities at
    Home; and I believe I am adopting the right course in ask-
    ing the Governor-General in Council to take the matter into
    consideration, and, if so advised, to submit it to the Lord
    Chancellor through the Secretary of State for India.

RICHARD GARTH.

High Court, 26th June, 1883.

Rules of Clifton and Rangitoto Acclimatisation Society
registered.

Colonial Secretary's Office,

Wellington, 2nd March, 1886.

IT is hereby notified that a copy of the rules of the
CLIFTON AND RANGITOTO ACCLIMATISATION SOCIETY,
duly signed, has been deposited in this office, and the said
society is therefore deemed to be a duly-registered acclimati-
sation society, under "The Animals Protection Act, 1880."

P. A. BUCKLEY.

New Plymouth and Wanganui Sheep Districts declared
clean.-Notice No. 194.

Colonial Secretary's Office,

Wellington, 2nd March, 1886.

HIS Excellency the Governor has been pleased to declare
the Sheep Districts of New Plymouth and Wanganui
to be clean sheep districts, under "The Sheep Act, 1878."

P. A. BUCKLEY.

Alterations and Additions to Scale of Fares and Charges
in force on the New Zealand Railways.

IN accordance with section 144 of "The Public Works
Act, 1882," I, Edward Richardson, the Minister for
Public Works, do hereby make the following alterations and
additions to the scale of charges, to come into force from
and after the 8th day of March, 1886.

PART III.-GOODS.

CLASSIFIED RATES.

Class E.

The classified rate for goods of Class E, from 4 miles up
to 16 miles inclusive, is hereby cancelled, and the following
rate is substituted in lieu thereof:-

Miles .. 4 5 6 7 8 9 10
s. d. s. d. s. d. s. d. s. d. s. d. s. d.
2 11 3 0 3 1 3 2 3 3 3 4 3 5

Miles .. 11 12 13 14 15 16
3 6 3 7 3 8 3 9 3 10 3 11

PART IV.-LOCAL RATES.

HURUNUI-BLUFF SECTION.

Class K.-Timber.

Timber from sawmills in Southland, consigned to Oamaru,
will be charged 6d. per 100ft. less than the classified rates.

As witness my hand, this second day of March, one
thousand eight hundred and eighty-six.

EDWARD RICHARDSON,

Minister for Public Works.

Notice to Owners of Native Land under "The Crown and
Native Lands Rating Act, 1882."

"TE Ture Reiti i nga Whenua o te Karauna me nga
Whenua Maori, 1882," me te Ture Whakatikatika i
taua Ture.

Ki te tangata nana, ki nga tangata ranei na ratou nga
whenua kua whakahuaatia i roto i nga rooru whakaatu i nga
utu o nga whenua Maori, kua tukua atu nei ki nga poari
takiwa e mau nei nga ingoa i roto i te Kupu Apiti ki tenei,
i raro i nga tikanga o nga Ture kua whakahuaatia i runga ake
nei me era atu Ture katoa e pa ana e whai tikanga ana.

NOTEMEA kua tukua mai he tono ki ahau Te Minita
Whakahaere i nga Moni o Niu Tireni, e mau nei toku ingoa
directed in blank, so that the agents of the parties may
appoint whom they will to execute it.

18. In former days, no doubt where witnesses would not
    attend voluntarily, there was a difficulty in getting evidence
    taken before a private Commissioner, because the Courts in
    India had no power to compel the attendance of witnesses,
    except where the commission was directed to themselves.
    But now by the statute 22 Vict., c. 20, s. 1, it is pro-
    vided that, "where upon an application for this purpose
    it is made to appear to any Court or Judge having authority
    under this Act that any Court of competent jurisdiction in
    Her Majesty's dominions has duly authorized, by commission
    or other process, the obtaining the testimony in any suit or
    other proceeding pending in or before such Court, of any
    witness or witnesses out of the jurisdiction of such Court,
    and within the jurisdiction of such first-mentioned Court, it
    shall be lawful for such Court to order the examination
    before the person or persons appointed, and in manner and
    form directed by such commission or other process as afore-
    said, of such witness or witnesses accordingly; and it shall
    be lawful for the said Court by the same order, or for such
    Court, by any subsequent order, to command the attend-
    ance of any person to be named in such order for the purpose
    of being examined, or the production of any writings or other
    documents to be mentioned in such order; and to give all
    such directions as to the time, place, and manner of such ex-
    amination, and all other matters connected therewith, as
    may appear reasonable and just, and any such order may be
    enforced, and any disobedience thereof punished, in like
    manner as in the case of an order made by such Court in a
    cause depending in such Court." The Supreme Courts in
    India are amongst those to which these powers are given.

19. And by section 3 of the same Act it is provided that
    every person whose attendance shall be so ordered shall be
    entitled to the like conduct-money, and payment for expenses
    and loss of time, as upon attendance at a trial.

20. There is therefore now no practical difficulty in
    enforcing the attendance of witnesses before a private Com-
    missioner; and there would therefore seem no reason, unless
    in some very exceptional cases, for directing commissions to
    the High Court.

21. In some instances lately commissions have been sent
    out to "the Chief Justice and Judges of the Supreme
    Court"-a Court which has ceased to exist for the last
    twenty years; and in two or three cases the commission
    has been directed "to the Chief Justice and Judges of the
    Supreme Court, jointly and severally, or to any person or
    persons whom they may appoint to execute it.

22. In these cases the High Court has been asked to
    appoint some private Commissioner named by the party in
    charge of the commission; and it has been thought right,
    out of respect to the English Judges who issued the com-
    mission, to appoint the Commissioner as requested, but with
    an intimation that, in the opinion of the Court, it had no
    authority to make the appointment.

23. It may be that there is some legislative provision, or
    some rule of the High Court of Judicature, which we have
    not been able to discover; but, as far as I can ascertain,
    there is no law here or in England which empowers the
    Courts at Home to direct the High Court to appoint a
    private Commissioner.

24. It seems to me therefore, having regard to the fore-
    going observations, that the matter is one which deserves
    the consideration of the Lord Chancellor; and that it might
    with propriety be suggested to his Lordship that some rule
    or rules should be passed, or some other steps taken, to
    prevent commissions being directed to the High or Chief
    Courts in India for the following reasons:-

(1.) Because it is undesirable that the time of High Court
Judges should be unnecessarily occupied in ministerial
duties;

(2.) Because it is unjust that the Indian public should
bear the cost of procuring evidence in suits between
private persons at Home; and

(3.) Because it is inconvenient for English suitors to be
kept waiting several months before their commissions
can be executed.

25. There seems no reason why the execution of these
    commissions should have precedence over suits which are
    standing for trial in the High Court; and I consider that
    such commissions should take their turn with the other
    cases which are for the time being on the list for disposal.
    This would probably, under the present circumstances, delay
    the execution of a commission for at least six or eight
    months.

26. I would also suggest that some further rule or rules
    might be usefully framed to guide the Courts in India as to
    the sums which should be allowed to witnesses under section
    3 of the Act 22 Vict., c. 20, for conduct-money, expenses,
    and loss of time. The sums allowed here to witnesses are
    different from those allowed at Home, and they are regulated,
    especially as regards travelling expenses, by considerations
    peculiar to this country.