Feb. 10.] THE NEW ZEALAND GAZETTE. 459

claim shall state the grounds of the appeal, and shall be accompanied by a copy of the decision appealed against and of all documents in the possession of the Claimant revelant to the case, and by a reasoned argument by the Claimant in support of his appeal. Together with the claim and documents, three copies thereof shall be supplied to the Tribunal, and the Claimant shall serve copies thereof on the opposite party and the Agents of the two clearing-offices.

The Agent of the clearing-office of which the Respondent is a national shall be within thirty days of receipt of the claim supply to the Tribunal four copies of all documents relating to the case which are in his possession or power, unless the Claimant has already supplied them with his claim, and a statement of any facts found by the clearing-offices. In addition, the Respondent or the clearing-offices may supply a reasoned argument in writing in support of the decision of the two clearing-offices.

Any of the parties (including the Agents of the clearing-offices) may apply to the Tribunal to hear arguments before it, but in the absence of such application the Tribunal shall be at liberty to determine the case on the written proceedings without further argument, or to notify to the parties if it desires to hear an argument.

The Secretariat on receipt of the claim shall inform the Claimant what is the amount of deposit to be paid or security to be given, and such deposit shall be paid or security given within ten days, and in default the claim may be dismissed.

. (3.) Cases under Article 296, Annex, Paragraph 16.

Where cases are referred to the Tribunal under the above provision the procedure laid down elsewhere in these rules shall not apply. The parties shall present a case jointly to the Tribunal, or each may present a case separately. In either event the contentions of the parties shall be set out in the case or cases, which shall be accompanied by all relevant documents. Six true copies of the case or cases and documents shall be prepared and lodged with the Secretariat. The matter will be determined by the Tribunal as laid down by Article 296, Annex, paragraph 18. The limitations of time imposed by these rules shall not apply to such cases; but where the two clearing-offices are unable to agree whether a debt claimed is due, or in case of a difference between an enemy debtor and an enemy creditor or between the clearing-offices, and the parties to the dispute do not desire to present a case jointly, either clearing-office may, within ten days after giving notice to the other clearing-office of such intention, refer the case to the Tribunal under the conditions provided for by Article 296, Annex, paragraph 16. The enemy creditor or the enemy debtor may similarly, after giving twenty days’ notice to the two clearing-offices, refer the case to the Tribunal meanwhile by the clearing-offices or either of them. The case shall proceed as if it had been referred to the Tribunal by the clearing-offices.

CLOSE OF WRITTEN PROCEEDINGS.

23. The Secretariat will inform the respective Government Agents and parties when the written proceedings are closed.

24. (a.) Within twenty days after the date of the notice that the written proceedings are closed the parties shall send to the Secretariat a statement of the witnesses, if any, whose testimony they desire, giving in each instance the name, nationality, occupation, and address of such witness, and stating whether the party desires that the testimony of such witness shall be given at the hearing of the case, or whether it is desired that the evidence shall be taken upon commission, and shall at the same time furnish all parties and the Government Agents with a copy. The Tribunal will thereupon determine whether the evidence shall be taken on commission or will make such other order as seems fit. The Tribunal will before making an order hear any party or Government Agent who may desire to be heard on the matter on his forthwith applying to be heard, and will fix a date for all parties to be heard if they desire.

(b.) Where the Tribunal orders that the witness shall be heard at the hearing the Government Agents shall be responsible for summoning the witness in accordance with the method applicable in each case, unless the Tribunal otherwise directs. Travelling-expenses and subsistence-money must be supplied to the witness at the expense of the party at whose instance he is summoned. The amount of the same will be fixed by the Tribunal, and must be paid in advance to the Secretariat. If the subsistence-money so paid should prove insufficient the party at whose instance the witness was summoned must pay any further amount necessary, otherwise the witness will be allowed by the Tribunal to depart.