JUNE 11.] THE NEW ZEALAND GAZETTE. 907

APPENDIX C.

ALLOWANCES AND COSTS.

ALLOWANCES TO WITNESSES.

GENTLEMEN, merchants, bankers, and professional men, per diem .. .. 15s. to 20s.
Auctioneers, accountants, clerks, farmers, and tradesmen, per diem .. 8s. ,, 15s.
Artisans and journeymen, per diem .. .. .. .. 7s. ,, 8s.
Labourers per diem .. .. .. .. .. .. 5s. ,, 7s.
Female witnesses: One-half the above sums.
Children: A reasonable amount for expenses, to be fixed by the Court.
Travelling expenses: The cost of conveyance by railway, coach, or other public conveyance, or,
if no such conveyance, 9d. per mile, one way. Witnesses of the artisan and labourer classes to be
allowed second-class fare; the others first-class.
If the witnesses attend in more than one action they will be entitled to a proportionate part in
each action only.
Where the witness is a plaintiff he will not be entitled to any allowance except for travelling,
unless he is an artizan, labourer, journeyman, miner, or person engaged in manual labour.

ALLOWANCES TO SCIENTIFIC OR EXPERT WITNESSES.

For qualifying to give evidence, from .. .. .. .. 10s. to £5.
Attending Court on trial, per diem .. .. .. .. 10s. ,, £2.
In estimating the amount to be allowed, the character of the action, the professional standing
of the witness (if a professional man), and the propriety of retaining the particular witness, are to be
considered, and in no case is the maximum allowance to be exceeded. Travelling expenses to be
allowed on the same scale as to an ordinary witness.
The above allowances shall not apply to persons who prepare plans, drawings, models, &c., for
the purpose of illustration, and who, if called at the hearing of the action, prove the correctness of
such plans, drawings, models, &c., only, but in lieu thereof these may be allowed the sum reasonably
paid for the same if prepared for the purposes of the action. Any such person shall be allowed
expenses upon the scale for ordinary witnesses.
Either party to an action may be allowed the sum reasonably expended in the conveyance of
any chattel for production before the Court.

SOLICITORS' FEES.

In case of discontinuance, payment into Court, or confession, no solicitor's fee for appearance
will be allowed if the party discontinuing, paying into Court, or confessing judgment, file notice
with the Clerk of the Court and serve notice upon the other party, or at the office of his solicitor, not
later than noon of the day preceding the day fixed for the hearing of the case: Provided that if the
day preceding the day of hearing be a Sunday, or Court holiday, the notice must be filed and served
not later than noon of the next preceding business day. If notice be not so given the Court will
allow half the solicitor's fee, as per scale.
No allowance will be made in cases of payment into Court or confession unless the name and
address of the solicitor for plaintiff appears upon the statement of claim:
Provided that a Magistrate may allow a fee not exceeding £2 2s. to the plaintiff on any amount
recovered, however small, or to a defendant who successfully defends an action brought for any
amount, however small, provided that the Magistrate certifies in writing in the Civil Record-book
that the action involved some novel or difficult point of law, or that the question litigated was of
importance to some class or body of persons, or of general or public interest. A Magistrate may
further, in his discretion, award a fee not less than 5s. or more than £2 2s. for appearance either in
Court or Chambers on any interlocutory proceeding or other matter within his jurisdiction under
the Act.

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