400

THE NEW ZEALAND GAZETTE.

ORDER IN COUNCIL,
Fixing Wardens' Courts Rules, for the Pro-
vince of Otago.

G. GREY,
Governor.

At the Government House at Auckland, the
Ffteenth day of September, 1863.
Present:—

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, by the Gold Fields Act,
1862, it is enacted that it shall be
lawful for the Governor in Council from time
to time to make, alter, and revoke Rules regu-
lating the Procedure and Practice in the
Courts to be established under the said Act,
and in cases of Appeal therefrom, and also to
fix the fees to be taken in respect of proceedings
therein.

Now, therefore, His Excellency the Gover-
nor, by and with the advice and consent of his
Executive Council, Doth hereby Order that the
Rules and Fees respectively set forth in the
Schedule hereunto annexed shall be the Rules
regulating the Procedure and Practice in the
Wardens' Courts within the Province of Otago,
and in cases of Appeal therefrom, and shall be
the Fees to be taken in respect to proceedings
therein.

FORSTER GORING,
Clerk of the Executive Council.

WARDEN'S COURT.
RULES.
ANALYSIS.

Secs.

1. Schedule of Forms and Scale of Fees to
   be part of the Rules.

2. Interpretation of words in Rules.

3. Time and place of holding Courts. Ad-
   journments.

4. The Clerk of Court.

5. Clerk's Deputy.

6. Clerk's Duties.

7. The Bailiff.

8. His duties.

9. Parties may appear personally or by Soli-
   citor.

10. Officers of Court not to practice in the
    Court.

11. Action to be commenced by a complaint
    and summons.

12. Names, &c., of parties to be set forth in
    complaint and summons.

13. Grounds of action to be briefly set forth
    in complaint and summons.

14. Summons may be issued in certain cases
    against a party out of jurisdiction.

15. Service of Summons.

16. Service to be made by the Bailiff or other
    person authorised.

17. Summons of witnesses.

18. Parties to be heard in open Court. 'Ad-
    journment of hearing.

19. Procedure if complainant do not appear.

20. Procedure if defendant do not appear.

21. Re-hearing.

22. Procedure if both parties appear.

23. View.

24. The Judge to be sole Judge, except in
    cases where Assessors or Jurors are
    appointed.

25. The Assessors or Jurors to consist of four
    persons of full age.

26. Summons to Assessors or Jurors.

27. Assessors or Jury List how to be made and
    Jury chosen.

28. Number to be summoned.

29. Mode of service of Summons.

30. Jury to be reduced to four by challenge.

31. Jury to be sworn.

32. Payment to Jurors.

33. Procedure if either party refuse to chal-
    lenge Jury.

34. The Evidence on the trial to be only of the
    causes of action or defence.

35. Verdict.

36. Judgment upon Verdict.

37. Minute of every decision to be entered by
    Judge in a book.

38. Injunctions.

39. Costs.

40. Judge to direct what number of Witnesses
    to be allowed.

41. Costs of Witnesses to be at discretion of
    Judge.

42. Costs to Complainant's Solicitor.

43. Costs to Defendant's Solicitor.

44. Court may order payment by instalments
    of sums of money for which judgment
    given.

45. Mode of enforcing decrees of Court.

46. Defects and errors may be amended.

47. Fees.

48. Pre-payment of fees.

49. Appeal.

50. Judge may make additional Rules.
    Schedule of Forms.

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

1. The Schedule of Forms and Scale of
   Fees hereunto annexed shall form part of
   these Rules.
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, 1862,
   (26 Victoria, No. 21.)
   "Clerk," " Bailiff." The Clerk, Bailiff, or
   person duly appointed and authorised to act
   as such respectively.
   "Oath" shall include affirmation.