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THE NEW ZEALAND GAZETTE.

2. In construing those Rules and Forms,
   the following terms in inverted commas shall
   bear the several meanings set against them
   respectively :
   "The Act." The Gold Fields Act, 1853
   (21 and 22 Victoriæ, No. 74.)
   "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 singu-
   lar number shall be extended to the plural
   number.

3. Every Warden's Court shall be holden
   at such place and times as the Judge 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 Gover-
   nor or the Superintendent, or other person
   duly delegated by the Governor to exercise
   such power under the Act.

5. It shall be lawful for the Judge of the
   Court 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 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 monies 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 pro-
   perly incident to the office of Clerk.

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

8. The Bailiff shall attend the Sittings of
   the Court, unless when his absence shall be
   allowed by the judge, and shall, when required,
   serve all Summonses 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 Judge.

9. The parties in every Complaint, Action,
   and Proceeding, shall appear and act person-
   ally or by a Barrister or Solicitor of the Su-
   preme Court, and not otherwise, unless under
   special circumstances the Judge permits any
   party to appear by an agent, not being a Bar-
   rister or Solicitor.

10. No Officer of the Court shall, either by
    himself or by any partner or person in his em-
    ployment, be directly or indirectly engaged
    as Council, Attorney, or Agent for any party
    in any proceeding in the Court.

11. Every action shall be commenced by a
    complaint 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 De-
    fendant; but when the Christian and Surname
    of the latter are not known, he may be desig-
    nated 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 ex-
    plicitly 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 recovery or relief claimed.

14. Such Summonses may be issued against
    any Defendant residing or being without the
    District within which the Court has jurisdiction
    (but not out of the Province) provided it
    clearly appear from the complaint that the cause
    of action is otherwise within the jurisdiction of
    the Court.

15. The service of any summons shall be
    by delivering a copy of the same to the De-
    fendant (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.

16. 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 Judge taking proof
    thereof by oath if he think fit.

17. Either party may obtain from the
    Clerk of Court Summonses to Witnesses, to
    be served at the option of such party either by
    himself as his agent, or by the Bailiff of the
    Court, with or without a clause requiring the
    production of books and writings in their pos-
    session or under their control.

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

19. If the Complainant do not appear at the
    time appointed, and good cause for his absence
    be not shown, the Judge shall dismiss the
    complaint, and award a sum to the Defendant
    as costs, or adjourn the hearing of the same.

20. If the Defendant do not appear, the
    Court may either hold him as confessed, and
    give judgment accordingly, or institute such
    inquiry into the cause of action as may be
    deemed necessary, and thereupon pronounce
    such decision as may be consistent with the ends
    of justice, either alone or with the assistance of
    Assessors or Jurors.

21. Whenever the Court shall make a
    Decree, in the absence of any party interested
    in the subject matter of the suit, binding the
    rights of such party, the Judge may, in his
    discretion, at the same or any subsequent
    Court set aside such Decree, or any part there-