3350

THE NEW ZEALAND GAZETTE.

[No. 93

whom such witness is examined, or by a shorthand-writer, appointed
by the Judge, Registrar, or examiner, or agreed upon by the parties,
and such written evidence, or a transcript of the shorthand-writer's
notes, shall be certified as correct by the Judge, Registrar, examiner,
or shorthand-writer.

12. The certified evidence taken before the hearing shall be lodged
    in the Registry by the party on whose behalf the witness has been
    examined, or, if taken out of the jurisdiction of the Court, shall forth-
    with be transmitted by the examiner to the Registry, together with
    his commission.

13. As soon as the evidence taken before the hearing has been filed
    or received in the Registry, it may be used as evidence in the cause,
    saving all just exceptions.

14. When evidence is given at the hearing by the oral examination
    of witnesses such evidence may be taken by a shorthand-writer,
    appointed by the Judge, and a transcript of the shorthand-writer's
    notes, certified by him to be correct, shall be admitted to prove the
    oral evidence of a witness.

15. Any examination of a witness may be adjourned, if necessary,
    from time to time, and from place to place, as the Judge, Registrar,
    or examiner before whom such examination is taken shall direct.

16. The Judge may order any person within the jurisdiction of the
    Court who has made an affidavit in a cause to attend for cross-exami-
    nation thereon before the Judge.

17. Where witnesses are examined orally, whether before the
    Judge, the Registrar, or an examiner, the parties, their counsel,
    solicitors, or agents may attend the examination, and the witnesses
    shall be examined, cross-examined, and re-examined in such order
    as the Judge, Registrar, or examiner may direct; and questions may
    be put to any witness by the Judge, Registrar, or examiner as the case
    may be.

18. The Judge may disallow any questions put in cross-exami-
    nation of any party or witness which may appear to him to be vexatious
    or not relevant to any matter proper to be inquired into in the cause.

19. Any person wilfully disobeying any order or subpoena requiring
    his attendance for the purpose of being examined, or cross-examined,
    or producing any document, or, on attending, refusing to answer any
    proper question, shall be deemed guilty of contempt of Court and may
    be dealt with accordingly.

20. Where any ship papers or other documents have to be
    translated for use in a cause, such translation shall be made by an
    interpreter, appointed by the party who desires to use such trans-
    lation, or, if necessary, by a person appointed for the purpose by
    the Judge. The parties to any proceedings may agree, or, if there
    is no party other than the Crown or the captor, the proper officer
    of the Crown may direct, which and what parts, if any, of the ship
    papers and documents shall be translated.

ORDER XVI.

ASSESSORS.

One or more Trinity Masters or other assessors may, on the appli-
cation of any party, or without such application if the Judge sees
fit, be called in to advise the Court upon any matters requiring nautical
or other professional knowledge. Such application shall be made
by letter or notice lodged in the Registry six days at least before
the attendance of the Trinity Masters or other assessors is required.

The fees of the Trinity Masters or other assessors shall be paid
in the first instance by the party on whose demand they are summoned.

ORDER XVII.

REFERENCES.

1. The Judge may refer the assessment of damages, the taking
   of any accounts, or any other matter which he may think fit, to the
   Registrar either alone or assisted by one or more merchants or other
   assessors.

2. Within twenty-one days from the day when the order for the
   reference is made, or an agreement for a reference is filed, the claimant
   shall file the claim and vouchers and affidavits, if any, and serve copies
   thereof on the opposite party.