17

A.—6a

Fees of Court. 263. The proper officer shall receive and take such fees as are specified in the table of fee 3 in the Schedule hereto. 264. Provided that wheu it shall appear to the satisfaction of a Judge that any party is unable or ought not to be called upon to pay any of the fees in such table mentioned, or any part thereof, it shall be lawful for the Judge to dispense with the payment thereof, or any part thereof, subject to such terms as he shall think fit.

PART VII.—MISCELLANEOUS RULES.

Service. 265. In cases where personal service shall not be required, all judgments, orders, notices, and other written communications requiring to be served on a party to an action shall be served as in the next four rules mentioned. 266. When the party to be served sues or defends by solicitor, they shall be delivered to or left for the solicitor at his address for service (if any), or, in cases in which a solicitor is not required to give an address for service, at his office or place of business before four o'clock in the afternoon. 267 When the party to be served sues or defends in person, they shall be delivered to him or ieft for him at his address for service, or his place of residence in cases in which he is not required to give an address for service, with his wife or a domestic servant, or any person whose business it is or who has authority from him to receive messages and convey or forward them to him. 268. But where such service is impracticable, the Court, or a Judge, or a Justice of the Peace, may, on affidavit showing the circumstances of the case and the necessity, give special directions as to service or publication in lieu thereof. 269. Service of all judgments or orders shall be made by delivering a copy of such judgment or of such order. Time. 270. When any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceeding, Sunday, Christmas Day, New Year's Day, and Good Friday shall not be reckoned in the computation of such limited time. 27.1. Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices of the Court are closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which the offices shall next be open. 272. The Court or a Judge shall have power to enlarge or abridge the time appointed by these rules or fixed by any order enlarging time for doing any act, or taking any proceeding, upon such terms (if any) as the justice of the ease may require ; and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed. Taking Security 273. When any officer is empowered to take security from any person for any purpose, such security shall be given by such number of sureties, and shall be in such form and for such amount, as the officer empowered to take security shall think proper: Provided that the person required to give security may appeal from the decision of such officer on any point to the Court or a Judge. Settlement of Cases. 274. In any action'or proceeding in which a special case is directed to be prepared, and no special provision is made by this code as to settlement of such special case, such special case may, in case of dispute, be settled on application to the Judge of the Court. Forms. 275 When the forms in the Schedule hereto are directed or authorized to be used, such variations may be made therein as the circumstances of any particular case may require, and the forms in the Schedule hereto shall form part of these rules. Title of Proceedings. 276. All statements of claim and of defence, judgments, orders, notices, summonses, and petitions in an action or other proceeding before the Court shall be properly intituled, showing the Court and district in which the action or other proceeding is being prosecuted, and the names of the plaintiff and defendant in the action, or the parties interested in the matter with reference to which any proceedings have been instituted. Non-compliance. 277 Non-compliance with any of these rules shall not render the proceeding in which such noncompliance has occurred void, unless it is by these rules expressly so provided, but such proceedings may be set aside, either wholly or in part, as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Court, on any motion or summons taken out with reference to such non-compliance, may deem just. Holidays. 278. The follow-ing days shall be holidays in the Court and the offices thereof —that is to say, the days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to 3rd January, both inclusive; the Birthday and the Accession Day of the reigning Sovereign; the day of B—A. 6a.