APRIL 26.] THE NEW ZEALAND GAZETTE. 977

Condition.

Whereas a certain cause is now depending in the Supreme Court of New Zealand under “The Divorce and Matrimonial Causes Act, 1867,” and the Acts amending the same, between petitioner, of the one part, and , respondent [and , co-respondent], of the other part: And whereas the Registrar of the Supreme Court at has, by a report under his hand, made in the said cause on the day of , 19 , reported to the Court that pounds was a sufficient sum to be paid into the Registrar’s office to cover the costs of the said respondent [or petitioner] of and incidental to the hearing of the said cause [or otherwise, as in the Registrar’s report], or that a bond under the hand and seal of the said and of two sufficient sureties in the penal sum of pounds, conditioned for the payment of such costs of the said as shall be certified to be due and payable by the said , not exceeding the said sum of pounds [or otherwise, as in the report], with hours’ notice of such sureties to the solicitor [or attorney] of the said , was a sufficient security to be given for the costs aforesaid: Now, the condition of this obligation is such that, if the above-bounden , his heirs, executors, or administrators, shall well and truly pay or cause to be paid to the above-named , his heirs, executors, administrators, or assigns, the full sum of of good and lawful money of Great Britain, or the lawful costs of the said , the respondent [or petitioner], of and incidental to the hearing and trial of this cause [or otherwise, as in the report], to the extent of pounds, then this obligation is to be void and of none effect, otherwise to remain in full force and virtue.

Sealed and delivered by the said and , in the presence of

[One attesting witness.]

(L.S.)
(L.S.)

No. 13.—Application to issue Decree Nisi Absolute.

(Title of Suit.)

(1.) By a petitioner.

I, , the petitioner in the above suit, do hereby request you to issue a decree absolute herein, on the grounds:—

1. That the time limited for making the decree nisi absolute has expired.
2. That no matter in opposition to the final decree is pending.
   Dated, &c.

, Petitioner.

[Or, , Solicitor for the said petitioner.]

To the Registrar of the Supreme Court of New Zealand, at .

(2.) By a respondent.

I, , the respondent in the above suit, do hereby request you to issue a decree absolute herein, on the grounds:—

1. That the time limited for making the decree nisi absolute has expired.
2. That more than one month has elapsed since the expiration of the time so limited, and the petitioner has refused or failed to apply to make the said decree absolute.
3. That I have given three days’ notice in writing to the petitioner of my intention to make this request.
4. That no matter in opposition to the final decree is pending.
   Dated, &c.

, Respondent.

[Or, , Solicitor for the respondent.]

To the Registrar, &c.

SCHEDULE.

Costs.

The total costs in an ordinary suit in which the respondent does not appear and has filed no answer shall be £15, together with all disbursements for fees, expenses of service, witnesses’ expenses, and for other necessary expenses. If the case is from a distance, or special applications to the Court have been necessary, or if the trial shall take a considerable time, a further sum up to £25 may be allowed.

In cases in which the respondent or co-respondent appears at the trial the following shall, in ordinary suits, in addition to disbursements as mentioned above, be the costs allowed:—

£ s. d.
Petitioner .. .. .. 30 0 0
Respondent .. .. .. 25 0 0
Co-respondent .. .. .. 20 0 0

But if the case lasts over one day, or if there are other reasons for increasing the costs, the Court may grant such an additional sum as the Court may consider fit, following the analogy of a civil action.

The costs of all interlocutory proceedings, and of all other proceedings, shall be such as the Court orders, taking the costs allowed in civil actions in the Supreme Court as a guide.

The fees payable on proceedings under the said Acts are those fixed by Order in Council published in the New Zealand Gazette, 1875, page 830, and which are for convenience of reference reprinted below:—

[NOTE.—For “citation” read “writ of summons.”]

Fees.

1. Citation. 15. Taking Evidence.
2. Appearance. 16. References to the Registrars.
3. Filing. 17. Summonses.
4. Protection Orders. 18. Motions.
5. Questions for Jury. 19. Writs.
6. Setting down. 20. Appeals.
7. Withdrawal. 21. Certificates.
8. Subpoena. 22. Searches.
9. Hearing or Trial. 23. Office Copies and Extracts.
10. Judge’s Notes. 24. Taxing Costs.
11. Entering Decree, Verdict, or Order. 25. Oaths.
12. Orders. 26. Proceedings not specifically provided for.
13. Bill of Exceptions.
14. Commission or Requisition.

1.—Citation.
£ s. d.
On every citation .. .. .. .. 0 5 0
For settling citation, or an abstract thereof for advertisement, or other advertisement—
If five folios of seventy-two words or under .. .. 0 3 0
If above five folios, for each additional four folios or part thereof .. .. .. .. 0 1 0

2.—Appearance.
Entering appearance .. .. .. .. 0 3 0
Amending appearance .. .. .. .. 0 3 0

3.—Filing.
Filing any document, except otherwise provided .. 0 3 0

4.—Protection Orders.
Filing application for an order for the protection of a wife’s earnings and property .. .. .. 0 3 0
Entering the order on such application .. .. .. 0 5 0
Judge’s order, including seal .. .. .. 0 6 0

5.—Questions for Jury.
Setting issues of fact to be tried by a jury .. .. 0 10 0
Filing parchment copy of the issues of fact as settled .. 0 3 0
Filing panel .. .. .. .. 0 3 0

6.—Setting down.
Setting a cause down for hearing or trial .. .. 0 5 0

7.—Withdrawal.
On withdrawal of a cause after same is set down for hearing or trial, to be paid by the party at whose instance it is withdrawn .. .. .. .. 0 5 0

8.—Subpoena.
On every subpoena .. .. .. .. 0 5 0

9.—Hearing or Trial.
On the hearing or trial of a cause—
From the party setting down the cause for hearing or trial .. .. .. .. 1 10 0
If the hearing or trial continues more than one day, for each day—
From the same party .. .. .. .. 1 0 0

10.—Judge’s Notes.
Producing the Judge’s notes .. .. .. .. 0 5 0

11.—Entering Decree, Verdict, or Order.
Entering sentence or final decree in a cause, to be paid by the successful party .. .. .. 0 10 0
Entering verdict, if five folios of seventy-two words or under .. .. .. .. 0 5 0
If exceeding five folios, for each additional folio or part of a folio .. .. .. .. 0 1 0
Entering order for the examination of a witness or witnesses .. .. .. .. 0 5 0
Entering any decree or order for alimony .. .. 0 5 0
Entering order directing how damages shall be applied.. 0 5 0
Entering order providing for custody, maintenance, or education of children, if five folios of seventy-two words or under .. .. .. .. 0 5 0
Entering any order made under the authority given by sections 27, 37, and 38 of “The Divorce and Matrimonial Causes Act, 1867,” if five folios of seventy-two words or under .. .. .. .. 0 5 0
If either of the above orders exceed five folios, for each additional folio or part of a folio .. .. .. 0 1 0