183

Indices, or recorded Instruments, or deposited Memorials S. d.
1 0

Geo. Alfred Arney,
Chief Justice.

Alexander J. Johnston,
Judge.

H. B. Gresson,
Judge.

C. W. Richmond,
Judge.

Christchurch, Canterbury,
7th March, 1863.

GENERAL RULES OF THE COURT

OF APPEAL OF NEW ZEALAND.

March 9th, 1863.

By virtue of the powers vested in us by "The Court of Appeal Act, 1862," We, the Judges of the Court of Appeal, do hereby order that the following Rules for the practice and procedure of the Court shall be in force on and after the 7th day of June, A.D. 1863:—

Affidavits.

1. Affidavits made in matters pending in the Supreme Court may be used in the Court of Appeal.

2. Affidavits made in the matter of an appeal after notice of appeal given or leave to appeal granted, shall be intituled "In the Court of Appeal of New Zealand."

3. Affidavits made "In the Court of Appeal" must be filed with the Registrar of the Court for the time being; and a copy of every such affidavit must be transmitted by the Appellant to each Judge of the Court, along with the special case.

Stating and Transmitting Cases.

4. Whenever a case is stated by parties under the 98th section of the Act, the parties shall forthwith submit the same for approval to a Judge at Chambers, who shall give directions for the amendment of the same, if he shall be of opinion that the same is in any way defective.

5. In all cases, unless a Judge at Chambers shall otherwise order, there shall be transmitted to the Registrar of the Court of Appeal along with, and as part of, the special case, a copy of the record and a copy of the Judge’s notes of the trial and of the finding of the Jury, where a trial has taken place, and a copy of all affidavits and documentary evidence used in the Court below.

6. A copy of the special case and of the documents in the last rule mentioned shall be forwarded by the Appellant to each of the Judges of the Court of Appeal within a certain period to be specified by the Judge who approves of the case, at the time of such approval.

Costs.

7. The Costs to be allowed on taxation as between party and party, shall be on the same scale as in the Supreme Court, except as hereinafter mentioned.

8. The fees to be allowed to Counsel shall be on a more liberal scale than in the Supreme Court:—In each case fees for two Counsel, at least, shall be allowed; and to one of the Counsel, if usually resident at any place other than that where the Court of Appeal shall sit, a liberal brief fee and refreshers shall be allowed, besides reasonable cost of maintenance and travelling expenses for each day during which he shall be necessarily absent from his usual place of abode for the purpose of attending the Court of Appeal.

If the same Counsel, not resident at the place where the Court is held, appear in several cases, his allowance for maintenance and travelling expenses shall be equally divided and the proper proportion allowed in respect of each case.

Geo. Alfred Arney,
Chief Justice.

Alexander J. Johnston,
Judge.

H. B. Gresson,
Judge.

C. W. Richmond, Judge.

(From New Zealand Gazette, May 6, 1863.)

A. A. Harper appointed a Pilot.

Colonial Secretary’s Office,
Auckland, 5th May, 1868.

HIS Excellency the Governor has been pleased to appoint

ALLEN AUGUSTUS HARPER,

to be a Pilot for the Port of Otago.

Reader Wood,
In the absence of Mr. Domett.

Colonial Secretary’s Office,
Auckland, 5th May, 1868.

IT is hereby notified that the Consul General in Melbourne for Sweden and Norway, Denmark, Portugal, and Chili having nominated Edmund Quick, Esq., to be Consular Agent at Otago for those countries, respectively, His Excellency the Governor has been pleased to accept such nomination provisionally.

Reader Wood,
In the absence of Mr. Domett.