133

in execution for any debt or sum of money in
respect of which he has been so imprisoned,
provided that as against the effects of such
person whatsoever and wheresoever the judg-
ment under which he shall have been so im-
prisoned as aforesaid shall be of as full force
and effect as if the body of such person had
never been taken in execution by virture
thereof.
61. If any money, goods or chattels be found
and proved to be the property of any person
imprisoned under process from this Court the
same may be seized and sold for the benefit of
the party at whose suit he shall have been so
imprisoned.
62. All costs between party and party shall
be taxed by the Clerk of the Court, but his tax-
ation may be reversed by the presiding Judge
upon the application of either party.
63. The presiding Judge shall in each case
direct what number of witnesses are to be al-
lowed on taxation of costs, and their allowance
for attendance shall be according to the scale
in the Schedule marked E, unless otherwise
ordered, but shall in no case exceed the allow-
therein mentioned.
64. The following scale of Fees will be al-
lowed to Solicitors practising in this Court, for
all business done in the progress of the cause
whether as Counsel or Solicitor, and will be
considered costs in the cause, that is to say.
In every case where the amount
claimed exceeds £10 and is
under £20, and the same is
undefended................... £ s. d.
1 1 0
Exceeding £20, and undefended 2 2 0
Exceeding £5, and not exceeding
£30, and the same is defended 2 2 0
Exceeding £30, and defended 3 3 0
Every Jury case....................... 4 4 0
The above scale will not include the Fees
of the Court, nor expenses of the Jury, and
witnesses, but will be in addition thereto.
65. On notice of appeal being given as re-
quired by the 13th clause of the "Resident
Magistrate's Courts Ordinance Extension of
Jurisdiction Act," the party appealing shall
pay to the Clerk of the Court a fee of £1 1s.
which shall be borne by the appellant or res-
pondent as the case may be, together with a
further sum not exceeding £2 2s. as costs, as
may be directed by the Judge deciding the ap-
peal.
66. In all cases where a Jury is demanded
on behalf of a plaintiff and where the defendant
fails to appear, it shall be lawful for the Clerk
of the Court after proof of personal service of
the summons upon the defendant, and after
striking off the odd one, if their number be odd,
to strike of one of the jury alternately with the
plaintiff until the number shall be reduced to
four, and the case shall then proceed to
trial as though the defendant were present.

Schedule A.
In the Resident Magistrates'}
Court, Auckland.
To
You

are hereby summoned and required to appear
personally or by Solicitor at the Resident Ma-
gistrate's Court, Auckland, on such Court day
as shall fall next after the expiration of
clear days after the personal service hereof,
at ten o'clock in the forenoon, to answer the
demand of
for the debt of the particulars of which
are hereto annexed. Herein fail not, or the
case will be heard and determined in your
absence.
You are further required to state explicitly
in writing your defence, and to deliver such
defence to the Clerk of the Court in duplicate,
two clear days before the day of hearing, or
the case may be adjourned, you paying the
costs of such adjournment.
Given under my hand, at the Resident
Magistrate's Court, Auckland, this
day of
185
Resident Magistrate.

N.B. The Court days are the first and
third Thursdays in every month, unless such
Thursday falls on a holiday, then the day
preceding.
If you wish to confess judgment, you must
deliver your confession in writing signed by
yourself in the presence of a Solicitor, Justice of
the Peace, or the Clerk of the Court, and wit-
nessed by such Solicitor, Justice of the Peace,
or the Clerk of the Court, to the Clerk of the
Court, two clear days before the day of hearing,
otherwise the fees for hearing will be charged.
If you and the plaintiff can agree to the
amount due, and the mode of payment, judg-
ment may be entered up at any time by the
Clerk of the Court. In which case, you and
the plaintiff must attend at the Court for that
purpose.
If you wish the cause to be tried by a jury,
you can do so by giving notice to the Clerk of
the Court, at least two clear days before the
day of hearing, and paying the necessary fees,
viz., £3 10s.
Summonses for witnesses may be obtained
on any day, except holidays, by applying to the
Clerk of the Court, at any time between the
hours of 10 and 4, except on Saturdays, and
then between 10 and 2.
To be indorsed on the Summons.
The plaintiff claims also the sum of
for costs.
Upon payment of the plaintiff's claim and
costs to the Clerk of the Court, two clear days
before the day of hearing, proceedings in the
action will be stayed.
Clerk of the Court.

Schedule B.
Table of distances for service of Summons.
Where the defendant resides
within 20 miles from the Court
House.
5 clear days
before the
day of hear-
ing.