He did not think that rule 530 was intended to apply to cases of this kind, where it had been ordered that both claim and counter claim should be tried at the same time—where practically there had been no trial of the claim, and where it had been contemplated all through that there should be one judgment only. As against that, however, he thought the bank was entitled to set off the costs of the two writa and also the cost o£ preparing for trial on the claim for the overdraft. So far as the bill writ was concerned the result had shown that the plaintiffs were justified in issuing that writ; but he did not think that the bank was entitled, in respect of the bill writ, to any costs subsequent to its issue. The costs, therefore, in respect of that writ would be the ordinary costs of a bill writ—4»s. With respect to the claim of the overdraft, the result had aiao shown that the bank was justified in issuing that writ and in subsequently preparing for trial m respect of it, because it was not until a con siderable time afterwards that the claim of the bank was admitted. The bank would be allowed, in addi tion to the sum already mentioned, the sums of Bes and lOgs and disbursements. The defendants would be further allowed, under the third head mentioned py birHobert Stout, a guinea-costs of appearing on tne application for a special jury, and also 3gs and disbursements for the costs of the order changing the venue. The defendants would also ba entitled to the disbursements and witnesses' expenses connected with the action and tibo trial, to be fixed by the registrar at Dunedin. It seemed to him that the defendants were justified in bringing Indepen dent witnesses to: show that their business had fallen off. They alleged that their business had fallen off; the bank in its reply to the statement of claim denied that. It was necessary for the defen dants to bring a reasonable numbar of witnesses, in dependent of themselves, to make out their case, and he was unable to say that the number of witnesses called was unreasonable. Sir K. Stout askea for an order for second counsel and for extra days. 