134
THE NEW ZEALAND GAZETTE.

11. Every action shall be commenced by a com-
    plaint 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 Complain-
    ant, and likewise of the Defendant; but when the
    Christian and Surname of the latter are not known,
    he may be designated 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 explicitly, 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 Defendant (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 copartners, 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 writ-
    ings 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 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 assist-
    ance 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
    thereof, and grant a rehearing of the suit upon such
    terms, if any, as to payment of costs, giving secu-
    rity, 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 assist-
    ance of Assessors or Jurors.

23. If from the nature of the case (e.g., an en-
    croachment to an unlawful or injurious operation)
    the Court deem it necessary to repair to the spot,
    and there on view investigate and determine the
    matter, the Court may proceed forthwith, or appoint
    a time for that purpose, 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 summoning 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 proceeding. If they do not so
    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 alphabetical 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 jurisdiction 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 summoned for the Trial of
    any one cause shall be deemed to have been sum-
    moned 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 shall be odd, the Clerk
    shall strike off one, 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 empannelled
    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 in-
    curred shall be costs in the cause.

33. If either party shall neglect or refuse to
    strike the Jury as above provided, or if the Defend-
    ant 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 Assessors or
    Jurors give a unanimous verdict, but Judgment shall
    be entered up in pursuance of the verdict of the
    majority.

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 persons, 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 par-
    ties interested therein.

38. It being competent to the Court, whenever it