THE NEW ZEALAND GAZETTE. 337

of, and grant a rehearing of the suit upon such
terms, if any, as to payment of costs, giving
security, or otherwise, as he may think fit, on
sufficient cause shown for that purpose.

22. When both parties appear, and from the
    nature of the cause, or the conflicting statements
    of the parties, it shall be necessary to take
    evidence, either party may, before, but not
    after, any evidence is taken, move that the
    cause be tried with the assistance of Assessors
    or Jurors.

23. If from the nature of the cause (e.g., an
    encroachment to an unlawful or injurious
    operation) the Court deem it necessary to re-
    pair to the spot, and there on view investigate
    and determine the matter, the Court may pro-
    ceed forthwith, or appoint a time for that pur-
    pose, and order the parties and witnesses then
    and there to attend.

24. In all actions brought before the Court, the
    Judge shall be sole Judge, unless he think
    fit to take the assistance of Assessors or Jurors,
    or unless either of the parties shall move that
    the complaint be tried by Assessors or Jurors,
    and shall pay into Court the costs for the sum-
    moning and attendance of the Assessors or
    Jurors.

25. The Assessors or Jurors shall consist of
    four persons of full age and good repute, who
    may be selected by the parties in the cause,
    from indifferent persons present in Court, if
    the said parties concur in this mode of proceed-
    ing. If they do not concur, the trial shall
    be adjourned to another day to be then fixed.

26. The Clerk of Court shall thereupon
    cause to be summoned twelve Assessors or
    Jurors residing within the District for the Trial
    of the cause upon the day appointed.

27. The Assessors or Jurors so summoned
    shall be chosen from time to time in alphabeti-
    cal order, as their names shall appear in the
    Jury List for the District, which list shall be
    yearly or oftener, if he think proper, prepared
    by the Judge of the Court, and shall contain
    the names of all men residing within the juris-
    diction of the Court, being holders of Miners'
    Rights or Business Licenses.

28. It shall not be necessary to summon
    more than twelve Assessors or Jurors to attend
    any one sitting of the Court, and those sum-
    moned for the Trial of any one cause shall be
    deemed to have been summoned for the Trial
    of all causes to be tried at the same sittings of
    the Court, with the assistance of Assessors or
    Jurors.

29. Every summons of an Assessor or Juror
    shall be served on him personally, or by leaving
    the same at his ordinary place of abode, at least
    one clear day before the sitting of the Court.

30. When the Assessors or Jurors shall be
    in attendance, if their number the, and the number
    being even, the Complainant and Defendant
    alternately shall each strike off one until the
    number be reduced to four.

31. The four thus remaining shall be em-
    pannelled and sworn to give their verdict in
    the cause to be brought before them.

32. Every such Juror thus empannelled
    shall be entitled to receive from the Clerk of
    the Court the sum of ten shillings, and the
    expense thereby incurred shall be costs in the
    cause.

33. If either party shall neglect or refuse to
    strike the Jury as above provided, or if the
    Defendant shall be absent, it shall be lawful
    for the Clerk of the Court to strike the Jury
    instead of such neglecting, refusing, or absent
    party.

34. No evidence shall be given by either
    party on the Trial of any case, except such
    evidence as may be material to the right of
    action, or to the defence.

35. It shall not be necessary that the Asses-
    sors or Jurors give an unanimous verdict, but
    Judgment shall be entered up in pursuance of
    the verdict of the minority.

36. Every judgment entered up in pursuance
    of the verdict of a jury, shall have the same
    force and effect as if such Judgment were
    entered in pursuance of the determination of
    the Judgment of the Court alone.

37. A minute of every Decision shall be
    entered by the Judge, in a book to be kept for
    that purpose, and shall be signed by the per-
    sons, whether Assessors or Jurors, who concur
    in making such Decision, and no formal order
    shall be necessary, and a copy of such Minute
    shall, on demand, be given to any of the parties
    interested therein.

38. It being competent to the Court, whenever
    it shall seem fit, to order the working of any
    miner's claim affected by any matter in dispute
    brought before the Court, to be suspended
    until such matter shall have been investigated
    and adjudicated upon, if in any complaint there
    shall be set forth sufficient ground in the
    opinion of the Court for an interim order or
    injunction on the person complained against to
    desist from working his claim, or from any act
    or proceeding in the working thereof likely to
    cause irreparable or serious injury, and if such
    relief or remedy be then claimed, the Judge
    may issue such order or injunction in the
    meantime. And afterwards, on hearing the
    parties, may recall the same, or otherwise decide
    as he may see fit.

39. All the costs of any complaint or pro-
    ceeding shall be taxed by the Court, and shall
    be paid or apportioned between the parties in
    such manner as the Judge shall seem fit,
    but in default of any special direction, such
    costs shall abide the event of the action.

40. The Judge shall, in each case, direct
    what number of witnesses shall be allowed
    between party and party, and their allowance
    for attendance shall in no case exceed the
    highest rate of the allowance mentioned in the
    schedule.

41. The costs of witnesses, whether they
    have been examined or not, may in the discre-
    tion of the Judge be allowed, although they
    may not have been summoned.

42. The Complainant's Solicitor shall be
    entitled to receive in full for his fees and costs,
    in addition to the costs actually paid by him, a
    sum not exceeding £