June 11.] THE NEW ZEALAND GAZETTE. 861

for the time being in force, and the Law Trust Cash-book of the Clerk shall be in the
form in the Tenth Schedule of the said regulations.

58. Non-compliance with Rules.

Non-compliance with any of these rules shall not render any proceedings void,
but such proceedings may be amended or otherwise dealt with, in such manner and
upon such terms as the Court may think fit, under section 98 of the Act.

59. Rules for Conduct of Business.

Every Magistrate shall, from time to time, make such rules as he may think
proper for regulating the conduct of business in the Court over which he presides
and in the office of such Court, provided that such rules shall not be repugnant or
contrary to the Act or these rules.

60. Order and Conduct of Hearing.

The Court shall decide at the hearing of each action which party shall have the
right to begin or to reply, and as to the order and number of addresses by counsel,
but unless the Court otherwise direct at the hearing, and in default of any general
rule for the purpose being made by the Magistrate, the following shall be the order
of proceeding when both parties appear: The defendant shall be asked by the Clerk
if the case is defended. If undefended, judgment shall be entered up by consent,
subject to such terms as may be imposed by the Court under section 97. If de-
fended, the plaintiff (or his counsel) shall state his case, and adduce evidence in
support of it. The defendant (or his counsel) shall then state his case and adduce
evidence, and also sum up the evidence, after which the plaintiff may reply on the
whole case. If the defendant does not at the close of the plaintiff’s case state his
intention to adduce evidence the plaintiff shall sum up his evidence, and the de-
fendant shall reply generally. When a case not merely answering the case of the
plaintiff is set up by the defendant, and evidence is adduced in support thereof, the
plaintiff may adduce rebutting evidence, and shall postpone his general reply until he
has called such rebutting evidence and the defendant has replied on his new evidence.

61. Cases not provided for.

If any case shall arise for which no form of procedure has been provided by the
Act or these rules, the Court shall dispose of such case as nearly as may be in ac-
cordance with the provisions of the Act or the rules affecting any similar case,
and, if there be no such provisions, then in such manner as the Court shall deem
best calculated to promote the ends of justice.

62. Where no Forms in Appendix.

All proceedings and documents shall be in form similar to forms in Appendix A
and Appendix B, where the same are applicable; and in cases where no forms are
provided, parties shall frame the proceedings or documents, using as guides those con-
tained in Appendix A or Appendix B.

63. Enlargement or Abridgment of Time.

Parties may, by consent, enlarge or abridge any of the times fixed by these rules,
or by the Act, for taking any step, or filing any document, or giving any notice in any
action or matter. Where such consent cannot be obtained, either party may apply
to the Court or Magistrate, on notice to the non-consenting party, for an order to
effect the object sought to have been obtained with the consent of the other party,
and such order may be made, although the application for the order is not made until
after the expiration of the time allowed or appointed.

64. Special Jurisdiction.

Proceedings under section 31 of the Act, and the fees to be collected, and the
costs to be allowed in respect thereof, shall be subject and regulated, so far as the
same can be, to and by the general rules, practice, and scale of fees of the Supreme
Court for the time being relating to similar proceedings in that Court.

65. Allowances to Witnesses and Solicitors’ Fees.

The expenses to be allowed to witnesses in accordance with section 84 of the
Act, and the fees to which solicitors are entitled by virtue of section 168, shall be in
accordance with the scales of witnesses’ expenses and of solicitors’ fees respectively
in Appendix C hereto.

66. Fees of Court.

The fees to be taken in respect of proceedings under the Act shall be those in
Appendix D hereto, and the Clerk shall require all fees to be prepaid (as directed by
section 172) in stamps only, and shall affix and cancel the stamps in accordance with
the regulations for the time being in force under “The Stamp Act, 1882,” as to the
payment of fees in stamps and the cancellation of the same.