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[Republished from the New Zealand Gazette,
May 4, 1863.]

COURT OF APPEAL.

NEW ZEALAND.

By virtue of the powers vested in the Judges of the Court of Appeal by "The Court of Appeal Act, 1862," it is ordered that the following rule of practice shall come into operation forthwith, and remain in operation until a further rule shall be made on the subject.

The Registrar of the Supreme Court of New Zealand at Christchurch, Canterbury, shall have, in respect of the Court of Appeal, all such powers and duties as he now hath in respect of the Supreme Court.

Geo. Alfred Arney, Chief Justice,
Alexander J. Johnston, Judge,
H. B. Gresson, Judge,
C. W. Richmond, Judge.
Christchurch, 9th February, 1863.

For every search or inspection of s. d.
Indices, or recorded Instruments, or deposited Memorials ... 1 0

George 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 28th 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

IN THE SUPREME COURT OF NEW ZEALAND.

In the matter of an Ordinance of the Governor and the Legislative Council of New Zealand, Session II, No. 9, entitled an Ordinance to provide for the Registration of Deeds and Instruments affecting Real Property, passed both Houses of General Assembly on 5th December, 1841, section 44.

We, the Judges of the Supreme Court of New Zealand, pursuant to the authority of the above Ordinance, having considered the Scale of Fees specified in the Schedule B annexed to the said Ordinance, and the present circumstances of the Colony, order that, in lieu of the said Fees, every Registrar of Deeds and Instruments under the said Ordinance shall be entitled, on and after the first day of July, A.D. 1863, to demand in advance, and to receive as such Registrar, the Fees specified in the Schedule hereunto annexed, and no others.

SCHEDULE.

For every section, or part of a section, allotment, or part of an allotment, contained in any map or plan delineated on any instrument presented for Registration (charged as 2 folios) ... 1 0

For the recording and comparing thereof—for every folio of 72 words ... 0 6

For a copy or extract from any registered Instrument or deposited Memorial—for every folio of 72 words ... 0 6

For every copy of, or extract from, the General Index—for every line ... 0 6