Mar. 1.] THE NEW ZEALAND GAZETTE. 339

Registrar of the Court of Appeal of New Zealand such portion of the proceedings (or a copy thereof, certified as correct under his hand and the seal of the Court) as the Judge shall deem requisite to enable the said Court of Appeal of New Zealand to settle the said question or questions of law upon which the appeal is made, and shall attach thereto a sealed copy of the said notice of appeal, and a minute, signed by the Judge, certifying to the said Court of Appeal of New Zealand the decision he had made, the legality of which is disputed.

74. Upon the return of the said special case (or of said proceedings and minute, as the case may be) from the said Court of Appeal of New Zealand, with its decision, or a minute thereof, according to the practice of that Court, the said decision of the said Court of Appeal of New Zealand shall take the place of the decision appealed from in so far as the same is varied or overruled by it, and thereupon the Validation Court shall carry out the directions given by the said Court of Appeal of New Zealand by causing such proceedings to be taken as shall be necessary to correct the error in law that had been committed, and otherwise give effect to the decision of the said Court of Appeal.

Costs of Appeal and Bonds for Damages.

75. Every appellant at the time of filing his notice of appeal, or within such extended time as the Judge may allow, shall give to the Registrar a bond, signed by himself and by such sureties as the Registrar shall deem sufficient, conditioned to pay to each respondent in such appeal such costs as may be allowed to him by the Court of Appeal of New Zealand.

76. If the appeal is from an order for payment of money, the appellant shall give the Registrar as aforesaid a bond, signed by him and by such sureties as the Registrar shall deem sufficient, conditioned to pay such money to the person or persons to whom it is made payable.

77. If the appeal is from an order requiring any party to do or abstain from doing any act, matter, or thing, the appellant shall give to the Registrar as aforesaid a bond, signed by him and by such sureties as the Registrar shall deem sufficient, conditioned for the payment of such damages as may arise by reason of proceedings on the said order being stayed pending the decision of the said appeal.

78. Unless the prescribed bond be lodged with the Registrar within ten days after the filing of said notice of appeal, or within such extended time as the Judge may allow, the said appeal shall be deemed abandoned, unless the Judge shall otherwise direct.

The Judge may nevertheless order that any party may have leave to appeal without giving any bond to the Registrar, or may impose other terms than those aforesaid in the bond or bonds to be given, as he shall think just under the circumstances.

79. When the matter of the said appeal is decided, the Registrar, at the cost of the party applying, shall assign his interest in the said bond or bonds to such person or persons as the Judge shall by order direct, and such assignee shall be entitled to sue and recover upon such bond or bonds according to the tenor and effect thereof.

80. Any person required by these rules to give security to the Registrar by bond may appeal from his decision on any point to the Judge in Chambers.

81. If any surety on a bond becomes bankrupt or insolvent, or is discharged from his liabilities by deed of arrangement or otherwise, the Judge may order proceedings in the appeal to be stayed until the person who has given such surety shall have found a new surety and a new bond shall have been given to the satisfaction of the Registrar.

FIRST SCHEDULE.

Form of Interpreter’s Oath.

I (A. B.) do swear that I will truly interpret to the best of my ability the evidence given in the several proceedings before the Court, and all statements made to the Court, and all such documents as the Judge and Registrar shall severally require me to interpret, for the use of the Court or Registrar’s office, from Maori into English or from English into Maori, as the case may be. So help me God.

Form of Subpoena.

In the Validation Court sitting at [Here state the place].
In the matter of [Describe the particular matter].
To , of .
You are hereby required to attend at the said Validation Court on , the day of , at the hour of in the noon, to give evidence in the aforesaid matter, and to produce to the Court the documents described in the Schedule hereunder written.

As witness the seal of the Court and the hand of the undersigned, this day of , 189 .
[Signature of the Judge of the Court or of its Registrar on original.]
[Seal of Court.]

Schedule of Documents to be Produced.

Form of Indorsement on Subpoena and its Copies.

I, THE undersigned Judge of the Validation Court, do hereby direct that service of this subpoena need not be personal, but may be by [State mode of service].
Dated this day of , 189 .
[Signature of Judge on original.]

Form of Certificate to be indorsed on Subpoena.

I, THE undersigned, certify that I served a sealed copy of this subpoena on [Name the witness served], at [Name the place of service], on [Name day and hour of service], and paid [or tendered] to [him] the sum of £ for [his] expenses.

[Name.]
[Place of abode.]

[Repeat this certificate for each witness in the subpoena who has been served.]

SECOND SCHEDULE.

Scale of Allowances to Witnesses for Mileage and Attendances.

£ s. d.
PROFESSIONAL men, when examined as experts, per day .. .. .. .. 1 0 0
Professional men, bankers, merchants, lawyers, shopkeepers, auctioneers, surveyors, farmers, land agents, and skilled tradesmen, when examined as ordinary witnesses .. .. 0 15 0
Officers of ships, officers of police above the grade of constables, and clerks .. .. .. 0 12 0
Labourers, common seamen, police constables, and all other witnesses not included in any of the above special classes .. .. .. 0 7 0

Witnesses residing beyond three miles from the place of examination will, in addition to the above charges, be entitled to coach-fares or railway-fares of the class corresponding to their rank, and to boat-hire or punt-fares. Mileage from places where there is no public conveyance will be allowed at the rate of 9d. per mile one way. For each night of detention from home on land 3s. will be allowed.

THIRD SCHEDULE.

Court and Office Fees.

£ s. d.

1. On inspection of any record .. .. 0 2 0
2. On filing application for relief .. 2 2 0
3. Registrar’s charges (additional to the fees for filing) for printing, posting, advertising, &c., as per Rules Nos. 11 and 12 To be as estimated by the Registrar.
4. For filing objector’s appearance in Court, and address for service (payable on appearance) 1 0 0
5. For filing summons to attend before Judge in Chambers, and for filing any notice of motion 0 10 0
6. On filing affidavit .. .. .. 0 5 0
7. On filing and authenticating with Court-seal a voluntary arrangement 1 0 0
   For sealing each copy .. .. 0 5 0
8. On filing any document not above specified or otherwise herein provided for 0 5 0
9. Hearing-fee payable by each party who addresses Judge in Chambers, for each hour or fraction of an hour 0 10 0
10. For sealing order made on motion before Judge in Chambers 0 10 0
11. For sealing subpoena (original) .. 0 3 0
    For sealing subpoena (copy) .. .. 0 1 0
12. Swearing witness .. .. .. 0 2 0
13. For cross-examining witness .. .. 0 2 0
14. Sealing order for Commission to examine witnesses 1 0 0
15. Applicant’s hearing-fee in Court on first rising to address Court, for each day or part of a day 1 0 0