Allowances to How defrayed. Cases in which Evi Oath. shall not be liable for the escape of such prisoner. (4 of 1876, s. 86.) 106.* It shall be lawful for the presiding Judge, in civil as well as criminal proceedings, to order and allow to all persons required to attend, or examined as witnesses, such sum or sums of money as shall seem fit as well for defraying the reasonable expenses of such witnesses as for allowing them a reasonable compensation for their trouble and loss of time. But it shall not be lawful in any proceeding for any person to refuse to attend as a witness, or to give evidence, when so required by process of the Court, in respect that his expenses have not been first paid or provided for. (4 of 1876, s. 87.) 107. All sums of money so allowed shall be paid in civil proceedings by the party on whose behalf the witness is called, and shall be recoverable as ordinary costs of suit if the Court shall so order, and in criminal proceedings they shall, where not paid by the party convicted, or the Prosecutor, be paid out of the general revenue of the Colony. (4 of 1876, s. 88, amended by 4 of 1905, s. 4 (2).) 108. On any occasion the Court may, if it thinks it just and expedient (for reasons to be recorded in the Minutes of Proceeddence may be taken without ings), take without Oath the evidence of any person declaring that the taking of any Oath whatsoever is, according to his religious belief unlawful, or who, by reason of immature age, or want of religious belief, ought not, in the opinion of the Court, to be admitted to give evidence upon Oath; the fact of the evidence having been so taken without Oath being also recorded in the Minutes of Proceedings. (4 of 1876, s. 89.) Penalty on giving False Evidence. Inspection. Referees in matters of Native Law or Custom. 109. Whoever shall give false evidence, or shall make any false affirmation or declaration without Oath, shall be liable to be proceeded against, convicted, and punished in like manner as if he had given such false evidence or made such false affirmation or declaration upon Oath. (4 of 1876, s. 90.) 110. In any cause or matter it shall be lawful for the Court, on the application of either party, or on its own motion, to make such Order for the inspection by the Court, the Jury, the parties or witnesses, of any moveable or immoveable property, the inspection of which may be material to the proper determination of the question in dispute, and to give such direction respecting such inspection as to the Court may seem fit. (4 of 1876, s. 91.) 111. The Court may in any proceeding in which matters of Native Law or Custom may be material to the issue to be therein determined, and in which it may think it expedient to do so, call See Appendix A., sect. 20. in one or more Native Chiefs or other persons, whom the Court shall consider specially qualified, to act as Referees, and may hear and try such cause or matter wholly or partially with the assistance of such Referees, and the affirmation of any such Law or Custom by the said Referees, upon being consulted by the Court, shall be evidence thereof, and the Court shall presume the correctness of such evidence. Such Referees shall be selected and summoned in such manner as the Court may direct. (4 of 1876, s. 92.) Writing. 112. In every case, civil or criminal, and at every stage thereof, Evidence to the presiding Judge shall take down in writing all oral evidence be taken in given before the Court. No person shall be entitled, as of right, at any time or for any purpose, to inspection or a copy of the Court's Notes, save as may be expressly provided by any Rule of Court. (4 of 1876, s. 93.) 113. In every case, civil or criminal, tried in a Divisional Court, Minutes of Minutes of the Proceedings shall be drawn up and shall be signed Proceedings. by the Judge before whom the proceedings are taken. These Minutes, with the Notes of Evidence taken at the hearing or trial, shall be preserved as Records of the Court. The said Minutes and Notes of Evidence, or a copy thereof, purporting to be signed and certified as a true copy by the Registrar, shall at all times, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses. (4 of 1876, s. 94, amended.) False Personation. 114. Whoever forges the Seal of the Court, or falsely makes Forgery of any pretended mark or impression thereof, or forges the Signature Seal of Court or Signatures of any Judge or Commissioner, or forges any Process or Order of of Judges: the Court, or serves or enforces any such forged process or order knowing the same to be forged, or delivers to any person or uses any paper falsely pretended or purporting to be any Process or Order, or a copy of any Process or Order, of the Court, knowing the same to be false, or who pretends to hold any office or authority under the Court, knowing that he does not hold such office or authority, and in such assumed character does or attempts to do any act under colour of such office or authority; shall be guilty of an offence punishable with imprisonment, either with or without hard labour, for a term which may extend to two years, or with fine, or with both. (4 of 1876, s. 95.) Part VI.-RECONCILIATION. conciliation. 115. In Civil cases the Court and its Officers shall, as far as Court to there is proper opportunity, promote reconciliation among persons promote Reover whom the Court has jurisdiction, and encourage and facilitate the settlement in an amicable way, and without recourse to litigation, of matters in difference among them. (4 of 1876, s. 96.) In Civil In Criminal Operation of Power of of Court. 116. Where a Civil suit or proceeding is pending, the Court may promote reconciliation among the parties thereto, and encourage and facilitate the amicable settlement thereof. (4 of 1876, s. 97.) 117. In Criminal cases the Court may promote reconciliation, and encourage and facilitate the settlement, in an amicable way, of proceedings for assault, or for any other offence of a personal or private nature not amounting to felony and not aggravated in degree, on terms of payment of compensation or other terms approved by the Court, and may thereupon order the proceedings to be stayed. (4 of 1876, s. 98.) Part VII.-RULES AND ORDERS OF COURT. 118. The Rules of Court in the First, Second and Third Schedules and in the Appendices to this Ordinance as to matters to which they extend shall regulate the proceedings in the Supreme Court. But such Rules of Court may be annulled or altered by the authority by which new Rules of Court may be made. (4 of 1876, s. 99, amended.) 119. The Chief Justice may at any time, with the concurrence making Rules of the Puisne Judges, or any of them, make any other or additional Rules of Court for carrying this Ordinance into effect, and in particular for all or any of the following matters:(1) For regulating the Sittings of the Full Court; (2)*For regulating the Pleading, Practice, and Procedure of the Court, including all matters connected with the Forms to be used and the Fees to be payable; Alteration. (3) For regulating the Qualification, Admission, and Eurolment of Barristers, Advocates, and Solicitors, and of persons acting temporarily in those capacities; for regulating their employment in causes and their Fees; and for regulating the taxation and recovery of their fees and disbursements; (4)†For defining, so far as conveniently may be defined by General Rules, the Duties of the several Officers of Court, and the Duties and Powers of Commissioners; And may from time to time alter, amend, or revoke all or any of such Rules as occasion may require: provided always, that no such Rules, or any alteration, amendment or revocation thereof, shall be deemed binding until the same shall have been approved of by the Legislative Council, and shall have been published in the Gazette; but all such Rules, and such alterations, amendments and revocations thereof, when so approved and published as aforesaid, shall have the same force and effect for all purposes Schedule of Fees, Appendix B. † See Consolidated Regulations, Appendix A. as if the same had been made by Ordinance, and shall in like manner come into immediate operation, or on such day as shall be provided in such Rules, subject to disallowance by His Majesty. (4 of 1876, s. 100, amended by 10 of 1901, s. 11.) THE FIRST SCHEDULE. ORDER I. APPLICATION OF RULES. 1. The Rules in this Schedule shall be applied in all causes, In Civil and matters, and proceedings, civil and criminal, to which they extend. Criminal ORDER II. GENERAL FORMS OF PROCESS. Causes. 1. All warrants and writs of whatever description shall be suffi- How Process ciently addressed for execution by being directed to the Sheriff of addressed. the Colony, or to the Sheriff without any affix; but this provision shall not prevent any writ or warrant from being addressed to a person by name, or to a person named and to Officers of Court generally. upon 2. It shall not be necessary to address any warrant or order of Warrants of commitment or of sentence to the Keeper of any Prison, but Commitment. the delivery of any warrant to the Keeper of the Prison to or in which the commitment shall be made or sentence be directed to be carried out, such Keeper shall receive and detain the person named therein (or shall detain him if already in his custody) for such period and in such manner as the warrant directs, and in cases of adjournments or remands or commitments for trial, such Keeper shall bring the person to the Court at the time and place directed by the warrant. be 3. The sealing of any writ or process shall not be necessary in Sealing addition to the signature of the Judge or Commissioner by whom Writs. the same shall be signed, except in cases where sealing may expressly directed by any Ordinance or Rule of Court or by any prescribed Form. 4. The Forms annexed to the Consolidated Regulations set Forms in out in Appendix A hereto, or Forms to the like effect, may be Appendix. used in all matters, causes, and proceedings to which they are applicable, with such variations as circumstances require. Framing 5. In proceedings for which Forms are not provided, or prescribed Provision for by any Ordinance or Rule or Order of Court, the Registrar may, subject to the approval of the Court, from time to time frame Forms. Additional SCHEDULE I. the Forms required, using as guides those which may have been Ords. 2-3. Fees. provided. 6. The Fees specified in the Appendix B hereto shall be paid by the party prosecuting the cause or proceeding, and may be afterwards recovered as costs of cause if the Court shall so order. The Court may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons (stated in the Minutes), dispense, if it sees fit, with payment of any Fees. By Officer of otherwise. Special To be Per Court directs ORDER III. SERVICE OF PROCESS. 1. Service of a petition, notice, summons, order, or other document of which service is required, shall be made by an Officer of the Court, unless in any case the Court thinks fit otherwise to direct. 2. The Court may in any civil case, for reasons which shall seem to it sufficient, appoint any process to be executed by a Special Bailiff, who for the time being shall have the privileges and liabilities of an Officer of Court. The expense of such Special Bailiff shall be defrayed by the party on whose application he is appointed, unless the Court in any case sees reason to vary this Rule. 3. Unless in any case the Court thinks it just and expedient sonal, unless otherwise to direct, service shall be personal, that is, the document to be served shall be delivered to the person to be served himself. 4. Service shall be completely effected by the delivery of a without show. duplicate or attested copy of any document without the exhibition ing Originals. of any original. otherwise. Complete Service other than Personal. Delivery to inmate. To Agent. By Advertisement. By Notice. 5. Where it appears to the Court (either after or without an attempt at personal service) that for any reason personal service cannot be conveniently effected, the Court may order that service be effected either- (a) by delivery of the document to some adult inmate at the (b) by delivery thereof to some person being an Agent of the (d) by notice put up at the Court House, or some other place of |