712
THE NEW ZEALAND GAZETTE.
[No. 30

53. On the argument of the questions of law raised in 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.

54. Every judgment debt in excess of £100 shall carry interest at the rate of 6 per centum per annum from the time of judgment being given until the same is satisfied, and such interest may be levied under any writ of execution upon such judgment.

Execution.

55. A writ of sale may be in Form 3 in the Second Schedule hereto.

56. A writ of possession may be in Form 4 in the Second Schedule hereto.

57. A charging-order under section 139 of the Cook Islands Act, 1915, may be made by the Court ex parte on the application of the judgment creditor, and shall specify the property to which it relates.

58. So long as any such order remains in force the amount of the judgment debt shall constitute an equitable charge upon the property specified in the order.

59. For the purpose of enforcing any such charge the Court may from time to time, and either on the making of the charging-order or any time thereafter, on the ex parte application of the judgment creditor, make such order or orders as it thinks fit against all persons concerned—

(a.) For the appointment of a receiver of the rents, profits, or revenues of any property so charged; or

(b.) For the payment into Court in satisfaction of the judgment of any such rents, profits, or revenues, or of any moneys subject to the charge; or

(c.) For the sale of any such property by an officer of the Court. Disobedience to any order so made shall constitute a contempt of Court.

60. Any charging-order, or any order so made in pursuance of a charging-order, may be at any time cancelled or varied on the application either of the judgment debtor or the judgment creditor, or of any other person concerned.

61. An application for an order against a judgment debtor under section 141 of the Cook Islands Act, 1915, may be in Form 5 in the Second Schedule hereto.

62. A judgment summons under section 141 of the Cook Islands Act, 1915, may be in Form 6 in the Second Schedule hereto.

63. Every such judgment summons shall be served in the same manner as a summons to a defendant on the commencement of an action, and all the provisions of these rules as to the place and time of the hearing of an action shall apply also to the hearing of the application in respect of which such judgment summons is issued.

Motions.

64. Every civil proceeding not required to be commenced by way of action or petition may be commenced by way of motion.

65. Every interlocutory motion may be made either verbally in open Court or by filing with a Registrar an application setting forth briefly the nature and grounds of the relief sought by the applicant.

66. Every originating motion shall be made by filing with a Registrar an application setting forth briefly the nature and grounds of the relief sought by the applicant.

67. Motions may be made in the forms set forth in the Third Schedule hereto, or in forms to the like effect.

68. Except where otherwise provided, or where the Court is satisfied that the nature of the motion is such that it may properly be made and determined ex parte, every motion shall be heard and determined only after due notice has been given to such persons as the Court may consider entitled thereto. All persons to whom notice has been given by the direction of the Court, or who appear on the hearing of the motion, shall be deemed to be parties to the proceeding.

69. Every proceeding which may be commenced by originating motion may, if the applicant thinks fit, be commenced by way of action instead.

70. Applications under section 359 of the Cook Islands Act, 1915, for the assessment of compensation shall be made by motion by the Minister of the Cook Islands, or by the Resident Commissioner, or by any person claiming such compensation or any share thereof;