NELSON GOVERNMENT GAZETTE. 113

Given under my hand, this Eleventh day of
August, in the year of our Lord One thousand
eight hundred and seventy-three.

OSWALD CURTIS,
Superintendent.

WARDENS' COURTS.

RULES FOR REGULATING THE
PROCEDURE AND PRACTICE OF
WARDENS' COURTS.

(Vide New Zealand Gazettes No. 14, 1868, and
No. 4, 1869.)

1. The Schedule of Forms and Scale of Fees here-
   unto annexed shall form part of these Rules.

2. In construing these Rules and Forms, the
   following terms, in inverted commas, shall bear the
   several meanings set against them respectively :—

"The Act :" The Goldfields Act, 1866, as
amended by The Goldfields Act Amend-
ment Act, 1867.

"Clerk," "Bailiff :" The clerk, bailiff, or person
duly appointed and authorised to act as
such respectively.

"Oath" shall include affirmation.

Words importing the masculine gender only shall
include females, and importing the singular number
shall be extended to the plural number.

3. Every Warden's Court shall be holden in such
   place and at such times as the Warden shall appoint,
   and he may from time to time adjourn the Court.

4. There shall be for every Warden's Court a clerk,
   who shall be appointed by, and hold office during the
   pleasure of the Governor, or the Superintendent, or
   other person or authority duly delegated by the
   Governor to exercise such power under the Act.

5. It shall be lawful for the Warden to appoint a
   deputy, to act for the clerk, as often as he shall be
   prevented by illness or other cause from acting in his
   office, and an entry of such appointment, and the
   cause of the clerk's absence, shall be made in the
   minute-book of the Court.

6. The Clerk of the Court shall issue all sum-
   monses, warrants, and writs of execution, keep an
   account of all proceedings, take charge of and keep an
   account, in a book to belong to the Court, of all fees
   and fines payable or paid into Court, and of all moneys
   paid into and out of Court, adjourn the Court to any
   day he may deem convenient when from any cause a
   Court cannot be held on the day appointed, and shall
   do and perform all other acts and duties properly
   incident to the office of clerk.

7. There shall also be a bailiff of the Court, who
   shall be appointed by and hold office during the
   pleasure of the Warden thereof.

8. The bailiff shall attend the sittings of the Court,
   unless when his absence shall be allowed by the
   Warden, and shall, when required, serve all sum-
   monses and orders, and execute all the warrants and
   writs issued out of the Court, and in other respects
   shall be subject to the directions of the Warden.

9. The parties in every complaint, action, and pro-
   ceeding, shall appear and act personally, or by a
   barrister or solicitor of the Supreme Court, or in the
   absence of any barrister or solicitor, and by leave of
   the Warden, by an agent to be appointed by the
   plaintiff or defendant, in writing: Provided that the
   Warden of any Warden's Court, may, on being satisfied
   that any person is a fit and proper person to be
   registered as an agent to act in such Court on behalf
   of parties in any such complaint, action, or proceeding,
   register such person as an agent to appear and act at
   that Court for any such parties; and any person so
   registered may, so long as his name shall be on the
   register kept at such Court, have the right, in the
   absence of a Barrister or Solicitor, to appear and act
   for any party without express or further permission
   from the Warden of the Court, but such registration
   may be cancelled at any time by the Warden acting
   at such Court, on it being made to appear to him that
   any person has been guilty of misconduct, or is
   otherwise unfit to act for parties in such Court.

10. No officer of the Court shall, either by himself
    or by any partner or person in his employment, be
    directly or indirectly engaged as counsel, attorney, or
    agent for any party in any proceeding in the Court.

11. Every action shall be commenced by a com-
    plaint and summons, in the form or to the effect in
    the Schedule hereto annexed.

12. In the complaint and summons there shall be
    set forth the christian and surname, and place of
    abode and calling, and description of the complainant,
    and likewise of the defendant; but where the christian
    and surname of the latter are not known, he may be
    designated by any name or names which he may have
    acquired by usage or reputation.

13. In every complaint and summons there shall be
    set forth briefly, but distinctly and explicitly, the
    ground or cause of complaint; and if there be more
    than one ground or cause of complaint, each shall be
    stated substantively, and consecutively numbered; and
    there shall also be set forth the relief claimed.

14. The service of any summons shall be by
    delivering a copy of the same to the defendant (or if
    more than one, to each of them) personally; or if he
    cannot be found, by leaving such copy at his place of
    abode; or in case of co-partners, at the claim, station,
    or other place of business of the firm, at least twenty-
    four hours before the time appointed for the hearing,
    unless the Warden shall otherwise direct at the time
    of issuing the summons.

15. The summons may be served by the bailiff, or
    by any other person whom the Court may authorise;
    and he shall, by a certificate under his hand, certify
    the time and mode of such service, to be endorsed on
    the summons, without prejudice to the Warden taking
    proof thereof by oath, if he think fit.

16. Either party may obtain from the clerk of the
    Court, summonses to witnesses, to be served at the
    option of such party, either by himself or his agent, or
    by the bailiff of the Court, with or without a clause
    requiring the production of books and writings in their
    possession or under their control.

17. The parties shall be heard in open Court upon
    the day appointed; but the Warden may adjourn the
    hearing of any cause in such manner, and on such
    terms as to payment of costs and otherwise, as to him
    may seem fit.