722
THE NEW ZEALAND GAZETTE.
[No. 19

CONFESSION.

88. If any defendant desires to confess the cause of action or any part thereof, he may at any time before the trial, instead of filing a statement of defence or after having filed a statement of defence, file a confession in the Form No. 6 in the Schedule hereto, and serve a copy thereof upon the plaintiff, and thereupon at the trial of the action judgment may be given against such defendant, without hearing evidence, in respect of the cause of action or the part thereof so confessed by him, with or without costs, as the Court thinks fit.

PAYMENT INTO COURT.

89. In any action in which the plaintiff claims the recovery of a lump sum of money the defendant may at any time before the trial pay into Court the amount so claimed or any lesser sum, and serve a notice of such payment upon the plaintiff.

90. The amount so paid into Court shall not be taken out of Court by the plaintiff, but shall remain in Court, to be dealt with as the Court or the Judge thereof directs.

91. The payment of money into Court shall be deemed to be a confession of the cause of action to the extent of the amount so paid, and judgment may at the trial be given against the defendant accordingly; but the defendant may, with respect to any other cause of action or with respect to any sum claimed in excess of the amount so paid into Court, file a statement of defence and defend the action in the same manner as if no payment into Court had been made.

92. In any action in which the plaintiff claims a lump sum of money by way of compensation, but in which the Court may in its discretion award in lieu thereof a weekly payment of compensation, the defendant may make payment into Court in accordance with the foregoing rules; but if the Court awards a weekly payment of compensation, the amount so paid into Court shall be repaid to the defendant, subject to any deduction ordered by the Court to be made therefrom in respect of costs or arrears of weekly payments.

93. All moneys payable into Court in pursuance of the Act or of these Rules shall be paid to the Clerk of Awards of the industrial district in which the action or other proceeding is pending, and the Clerk of Awards shall deal with the same in accordance with the Treasury Regulations for the time being in force relating to law trust moneys.

DISCONTINUANCE.

94. The plaintiff may at any time before trial discontinue his action, either wholly or as to any cause of action, by filing with the Clerk of Awards a memorandum in the Form No. 7 in the Schedule hereto.

95. A copy of such memorandum shall be served upon the defendant by the plaintiff.

96. A plaintiff so discontinuing shall be liable to pay to the defendant the costs of the action, and judgment may be given against the plaintiff accordingly on the application of the defendant.

97. The discontinuance of the action shall not be a defence to any subsequent action on the cause of action discontinued, but the Court or the Judge thereof may stay any such subsequent action unless and until the costs of the previous action have been paid.

ISSUES OF LAW.

98. If at any time in the course of the proceedings in an action it appears to the Court or to the Judge thereof that the matter in dispute is one of law only, or that a substantive question of law is involved which ought to be decided before the trial of the action, the Court or the Judge thereof may order that such matter or point of law be argued before the Court before the trial of the action, and that the trial of the action do stand adjourned pending the decision of the Court thereon.

99. The parties may, after the writ of summons has been issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court.

100. On the argument of any such case the Court shall be at liberty to draw from the facts and documents set forth or referred to in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the trial.

101. On the argument of such special case the Court may give judgment in the action, or may order the issues of fact or any of them to be tried before giving judgment.

102. In any action or other proceeding the Court or the Judge thereof may state a case for the opinion of the Court of Appeal on any point of law arising in the action or proceeding.

EVIDENCE.

103. Evidence at the trial of an action shall be given by means of witnesses who shall be examined viva voce before the Court; but the parties may agree that the evidence or any part of the evidence may be given by affidavit. Moreover, the Court or the Judge thereof may, even though no such agreement has been made, at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the trial, on such conditions as the Court or Judge thinks reasonable.

104. Rules 179 to 205 of the Code of Civil Procedure, set forth in the Second Schedule to the Judicature Act, 1908, or any rules for the time being in force amending or substituted for those rules, shall so far as applicable extend and apply to the taking of evidence by affidavit in the Court of Arbitration under the Workers’ Compensation Act, 1908.

105. The Court or the Judge thereof may in any cause or matter where it appears necessary for the purposes of justice make an order for the examination on oath before any officer of the Court, or any other person or persons, and at any place either in or out of New Zealand, of any witness or person, and may order any deposition so taken to be filed in the Court, and may empower any party to any such cause or matter to give such deposition in evidence therein, on such terms (if any) as the Court or Judge may direct.