3352

THE NEW ZEALAND GAZETTE.

[No. 93

2. In all cases of taxation the Registrar shall be the taxing officer and the taxation shall proceed in the High Court in accordance with the law and practice governing the taxation of costs in the High Court in the exercise of its Admiralty Instance jurisdiction, and in a Court in any British Possession in accordance with the law and practice governing the taxation of costs in such Court in the exercise of its ordinary jurisdiction.

ORDER XX.

INTERLOCUTORY APPLICATIONS.

1. Any application to the Judge at any time other than at the hearing of a cause shall, if made in Court, be made by motion, or, if made in chambers, by summons (Appendix A, Form No. 48).

2. Every application to the Judge other than applications which are by these Rules directed to be made by motion, may be made in chambers by summons, but a summons may be adjourned by the Judge into Court.

3. Every notice of motion (Appendix A, Form No. 47) or summons shall be served upon the adverse party at least twenty-four hours before the date of the return thereof, unless by consent of the adverse party, or by order of the Judge, the time for such service is shortened.

4. Every notice of motion or summons shall state the nature of the order desired, and the day on which the application is to be made.

5. When the motion or summons comes on for hearing the Judge may, after hearing the parties, or in the absence of any of them, on proof that the notice of motion or summons has been duly served, make such order as he shall deem right.

6. Save as hereinafter provided, no motion or summons shall be heard without previous notice to or service on the parties affected thereby, but the Judge, if satisfied that the delay caused by proceeding in the ordinary way would, or might, entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Judge may think just; and any party affected by such order may move to set it aside.

7. Any application made in chambers ex parte shall, if the Judge think fit so to require, be made by summons.

8. The Registrar may transact all such business and exercise all such authority and jurisdiction in respect of the same as under these Rules may be transacted or exercised by the Judge in chambers, except in respect of the following proceedings and matters, that is to say:—

(1.) All matters relating to the liberty of the subject or attachments;

(2.) Awarding of costs other than the costs of or relating to any proceeding before the Registrar and costs which, by these Rules or by the order of the Judge, the Registrar is authorized to award:

Provided that the Registrar shall only transact such business and exercise such authority and jurisdiction where he has power to transact the like business and exercise the like authority and jurisdiction in matters arising out of the ordinary jurisdiction of the Court.

Provided, further, that any application in chambers may, if required by any party thereto, be heard by the Judge.

9. Any party affected by any order or decision of the Registrar may appeal to the Judge by summons, and such appeal shall be made within three days after the order appealed from.

10. The Judge may on due cause shown vary or rescind any order or decision previously made on motion or summons other than an order made in Court on an appeal from chambers.

11. An appeal from the decision of the Registrar in chambers shall be no stay of proceedings unless so ordered by the Judge or Registrar.

ORDER XXI.

AFFIDAVITS.

1. Every affidavit shall be intituled in the cause or matter in which it is sworn, or, if sworn before the commencement of a cause,