THE NEW ZEALAND GAZETTE.
401

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
   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 Governor 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 pay-
   able 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 properly 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 re-
   quired, 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 per-
   sonally or by a Barrister or Solicitor of the
   Supreme Court, and not otherwise, unless
   under special circumstances the Judge permits
   any party to appear by an agent, not being a
   Barrister or Solicitor.

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 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 juris-
    diction 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 leav-
    ing 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
    possession 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 dis-
    miss 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-
    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 evi-
    dence, either party may, before, but not after,