Mar. 23.] THE NEW ZEALAND GAZETTE. 377

51. If the Court shall in any case and at any stage in the
    proceedings be of opinion that it would be desirable that a
    person (other than the person before whom the examination
    is taken) should be appointed to take down the evidence of
    the bankrupt, or of any witness examined at any public
    sitting or private meeting under the Act, in shorthand or
    otherwise, it shall be competent for the Court to make such
    appointment; and every person so appointed shall be paid
    a sum not exceeding one guinea a day, and where the Court
    appoints a shorthand-writer a sum not exceeding 8d. per
    folio of ninety words for any transcript of the evidence that
    may be required; and such sums shall be paid by the party
    at whose instance the appointment was made, or out of the
    estate, as may be directed by the Court, and may be allowed
    on taxation.

Appeals.

52. Except by leave of the Court, there shall be no appeal
    to the Court of Appeal from any order made by consent or
    as to costs only.

53. Any person desiring to appeal from a decision in a
    bankruptcy matter shall, within the time for appeal fixed by
    the Act, deliver to the Registrar a statement in writing, signed
    by himself or his solicitor, containing the grounds of his
    objection to such decision and notice of his intention to
    appeal against the same, and shall also give a like notice in
    writing of such appeal and of the grounds thereof to each
    respondent, and to such other persons interested as the Court
    shall direct, and shall also give such security for the prosecu-
    tion of such appeal and for payment of such amount as the
    appellant may be ordered to pay, as herein provided.

54. Such appeal shall be in the form of a case agreed on
    by both parties or their solicitors, and, if they cannot agree,
    the Judge of the Court upon being applied to in that behalf
    shall settle the case.

55. All cases on appeal shall, unless the Judge whose
    decision is appealed from shall otherwise order, be presented
    to him for his approval and signature on the earliest prac-
    ticable occasion which shall happen after the grounds of
    objection to the decision have been lodged, and shall then,
    or as soon afterwards as the case shall be approved, be
    signed by the Judge and be sealed, and when signed and
    sealed a copy thereof shall be served by the appellant on the
    Assignee or respondent or both, as the Judge shall direct,
    within forty-eight hours from such signing or sealing, or as
    soon thereafter as possible.

56. The appellant shall, within forty-eight hours after the
    case is signed and sealed, or as soon after as shall be prac-
    ticable, transmit the same to the Registrar of the Court of
    Appeal, and notice of such transmission shall be served by
    the appellant on the respondent. In default whereof the
    respondent shall, on application to the Court below, be
    entitled to an order declaring that the appellant has aban-
    doned his appeal and shall also be entitled to such costs as
    he shall have incurred in consequence of the appellant's
    proceedings, which costs shall be fixed by the Court below
    and added to the amount, if any, which the appellant may
    have been ordered to pay.

57. At or before the time of such transmission the appel-
    lant shall give security to the satisfaction of the Registrar
    in such a sum, not being less than ten pounds nor more than
    forty pounds, as the Court below shall direct, to satisfy any
    costs that the appellant may be ordered to pay, and in the
    absence of such direction the sum for which security is to be
    given shall be ten pounds. No security shall be required
    when the Assignee is appellant.

58. Where there are several respondents, representing
    separate interests, the Judge of the Court may, if he shall
    think fit, direct separate security to be given as to every
    such respondent, notwithstanding the limit aforesaid, and
    may direct such other security to be given as may in the
    interest of all parties appear to him expedient.

59. The appeal shall be set down for hearing, and shall be
    heard and determined before the Court appealed to, at such
    time and in like manner as nearly as may be as other appeals
    to such Court.

60. When the Court of Appeal has pronounced judgment,
    either party may file the original order of such Court, or an
    office copy thereof, with the Registrar, to be by him deposited
    with the proceedings in the said bankruptcy, and such party
    shall then, within forty-eight hours from the time of such
    deposit, serve a notice thereof upon the party or parties to
    whom notice of appeal was given, and thereupon such further
    proceedings as may be necessary shall be taken by the Court
    below.

Security for Costs, &c.

61. If any party instituting proceedings of any kind under
    the Act is resident out of the colony, the Court may, on the
    application of any other party to the proceedings, order
    security to be given for the costs of such proceedings to the
    satisfaction of the Registrar, and may order such proceedings
    to be stayed until such security has been given.

62. The applicant must apply promptly after the fact of
    such residence out of the colony has come to his knowledge.

63. When the Registrar is empowered to take security
    from any person for any purpose, such security shall be given
    in such mode, either by payment into Court, bond by sureties
    or other security, and generally in such form and manner, as
    the Registrar shall think proper: Provided that the person
    required to give security may appeal from such decision on
    any point to the Court.

Costs.

64. If the Court in making any order for payment of costs
    shall not fix the amount to be paid in addition to disburse-
    ments, the Registrar in his taxation shall be guided by the
    scale of solicitors' costs set forth in the Appendix, and in
    cases for which such scale does not provide by the scale of
    costs and charges allowed upon taxation in civil proceedings
    in the Supreme Court, and, where the same are inapplicable
    or unsuitable, by the scale of costs and charges allowed upon
    taxation of costs in bankruptcy in England.

65. All Court fees paid under the provisions of the Act or
    the rules shall be allowed on taxation.

66. The Court, in awarding costs, may direct that the
    costs of any matter or application shall be taxed and paid as
    between party and party, or as between solicitor and client,
    or that full costs, charges, and expenses shall be allowed.

67. In the absence of any express direction, costs of an
    opposed motion shall follow the event, and shall be taxed as
    between party and party.

68. Where an action is brought against an Official As-
    signee, as representing the estate of the bankrupt, or where
    an Official Assignee is made a party to a cause or matter on
    the application of any other party thereto, he shall not be
    personally liable for costs unless the Court otherwise directs.

69. The costs directed by any order to be paid shall be
    taxed by the Registrar on production of such order or an
    office copy thereof, and the allocator shall be signed and
    dated by the Registrar.

70. The solicitor in the matter of a bankruptcy petition
    presented by the bankrupt himself shall, in his bill of costs,
    give credit for such sum or security (if any) as he may have
    received from the debtor as a deposit on account of the
    costs and expenses to be incurred in and about the filing
    of such petition, and the amount of any such deposit shall
    be noted by the Registrar upon the allocator issued for such
    costs.

71. When a bill of costs is taxed under any special order
    of the Court, and it appears by such order that the costs are
    to be paid otherwise than out of the estate of the bankrupt,
    the Registrar shall specially note upon the allocator by
    whom or the manner in which such costs are to be paid.

72. Upon the taxation of any bill of costs, charges, or ex-
    penses being completed, the Registrar shall forthwith file
    such bill with the proceedings in the matter, and shall
    thereupon issue to the person presenting such bill for taxa-
    tion his allocator or certificate of taxation.

73. Before taxing the bill or charges of any solicitor,
    accountant, auctioneer, broker, or other person employed by
    an Official Assignee, the Registrar shall require a certificate
    in writing signed by the Official Assignee to be produced to
    him, setting forth whether any, and, if so, what, special terms
    of remuneration have been agreed to, and, in the case of the
    bill of costs of a solicitor, a copy of the resolution or other
    authority, if any, sanctioning the employment.

74. In any case in which, pursuant to section 81 (1) of the
    Act, a Sheriff is required to deliver goods to an Official
    Assignee, such Sheriff shall without delay bring in his bill
    of costs, which, if so required by the Assignee, shall be taxed
    by the Registrar of the Court having jurisdiction in the
    bankruptcy; and, unless such bill of costs is brought in
    within one month from the date when the Sheriff makes
    such delivery, the Official Assignee may decline to pay the
    same.

75. If the Official Assignee shall, in writing, require any
    costs which a Sheriff has deducted under section 81 (2) of
    the Act to be taxed, the Sheriff shall within seven days from
    the date of the request bring in such costs for taxation,
    which shall be taxed by the Registrar of the Court having
    jurisdiction in the bankruptcy; and any amount disallowed
    on such taxation shall forthwith be paid over by the Sheriff
    to the Official Assignee as the case may require.

76. Every person whose bill or charges is or are to be
    taxed shall, if the same are payable out of a bankrupt estate,
    lodge the same with the Official Assignee three clear days
    before the application for the appointment to tax the same
    is made, and shall give not less than seven days' notice of the
    appointment to tax the same to the Official Assignee.

77. The Official Assignee shall forthwith on receiving notice
    of taxation lodge such bill or charges with the Registrar, and,
    failing his doing so, the person claiming payment of such bill
    or charges may lodge the same.

78. Every such person whose bill or charges is or are to be
    taxed shall, on application of the Official Assignee, furnish a
    copy of his bill or charges so to be taxed.

79. Where any party to or person affected by any pro-
    ceeding desires to make an application for an order that he