3. The evidence upon the hearing of the appeal shall be by affidavit except in so far as the Court at the hearing may direct oral evidence to be given. 4. The notice of motion shall be served, before the expiration of six weeks after the date of the decision to which it relates, upon the auditor in charge of the audit in respect of which the decision has been made and also upon the local government or other body in relation to whose accounts or to the accounts of whose officer the decision was given, if that local government or other body is not the appellant. 5. The notice of motion shall state the grounds of appeal, and the date mentioned in the notice for the hearing of the appeal shall be not less than twenty-eight days after the service of the notice. 6. (1) The appellant shall within seven days after service on the auditor of the notice of motion, file with the registrar a copy of such notice and an affidavit or affidavits setting out the reasons stated by the auditor for his decision and the facts upon which the appellant intends to rely at the hearing and thereupon the motion shall be set down for hearing. (2) If the notice of motion is not set down in accordance with this provision, either the local government or other body or the auditor may apply to the Court, upon notice to the appellant for an order discharging the notice of motion and for the costs of the application. 7. The appellant shall deliver forthwith to the local government or other body and to the auditor a copy of any affidavit filed under rule 6 of this Order in support of the motion and any person intending to oppose the motion shall, four days at least before the hearing, deliver to the appellant a copy of any affidavit intended to be filed by him in opposition to the motion. 8. Where under rule 4 notice of motion is served on an auditor other than the auditor who gave the decision, that auditor may appear in opposition thereto in all respects as if he were the auditor by whom the decision was given, and these provisions shall apply accordingly. Order 46 Stay of Execution Pending Appeal to the Court of Appeal 1. Where any application is made to the Court for a stay of execution or of proceedings under any judgment or decision appeal from, the application shall be made by notice of motion supported by affidavit setting forth the grounds upon which a stay of execution or o proceedings is sought. 2. (1) The Court may make or refuse an order for a stay of execution, or of proceedings. (2) An order for stay may be made subject to such conditions, as shall appear just, including the deposit in Court of any money adjudged due to any party in the judgment appealed from. 3. Where any application is made to the Court under this Order, a formal order shall be drawn up embodying the terms of the decision of the Court and bearing the date upon which the order is made. Order 47 Miscellaneous Provisions 1. Subject to particular rules, the Court may in all causes and matters make any order which it considers necessary for doing justice, whether the order has been expressly asked for by the person entitled to the benefit of the order or not. 2. All fines, forfeitures, pecuniary penalties and costs ordered to be paid may be levied by distress, seizure and sale of the movable and immovable property of the person making default in payment. 3. In all cases in which the publication of any notice is required, it may be made by advertisement in the Federal Gazette, unless otherwise provided in any particular case by any rule of Court or otherwise ordered by the Court. 4. The several offices of the Court shall be open at such times as the Chief Judge shall direct.