THE NEW ZEALAND GAZETTE. 135

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
grounds, 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 after-
wards, on hearing the parties, may recal the same, or
otherwise decide as he may see fit.

39. All the costs of any complaint or proceeding
    shall be taxed by the Court, and shall be paid or
    apportioned between the parties in such manner as
    to 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 discretion of the
    Judge be allowed, although they may not have been
    summoned.

42. The Judge may make such order as he may
    think fit, concerning the times, and by what instal-
    ments any sum of money for which judgment shall be
    shall be obtained shall be paid; and all such money
    shall be paid into Court unless the Judge shall other-
    wise direct.

43. Every Order, Decree, or Judgment, made by
    the Court, shall be carried out and enforced in the
    same manner as any order or judgment of a Resident
    Magistrate may be enforced according to the Law
    for the time being in force for regulating summary
    proceedings before Justices of the Peace.

44. The Judge may at all times amend all defects
    and errors in any proceeding in this Court.

45. In default of the payment of any Fees, pay-
    ment thereof, by order of the Judge, may be enforced
    by such means as may be employed to recover any
    sum of money adjudged by the Court to be paid.

46. The Judge, the Clerk, and any other Officer
    may refuse to do any act for which a fee shall be
    demandable, unless such fee shall be first paid.

47. The Appeal allowed by Section 25 of the Act,
    shall be in the form of a case, agreed on by both
    parties or their Solicitors, and if they cannot agree,
    the Judge of the Warden's Court, upon being applied
    to by them or their Solicitors, shall settle the case
    and sign it, and such case shall be transmitted by
    the Appellant to the Registrar of the Court of
    Appeal.

48. The Judge may, in pursuance of the 27th
    Section of the Act, prescribe such additional Regula-
    tions as may from time to time be necessary for the
    orderly transaction of the business of this Court.

SCHEDULE OF FORMS.

1. Complaint.

In the Warden's Court of...... District, in the Pro-
vince of Canterbury, New Zealand.

Be it remembered that upon the......day of......
18......, cometh before me the undersigned, Judge of
the......District Warden's Court, sitting at........in the
said Province, A. B., (address, description, &c.,) and
complains against C. D., (address, description &c.,)
Defendant.

1. That (here 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,
   state each substantively, numbering them 1, 2, 3, &c.)
   Wherefore the Complainant claims that the
   Defendant be adjudged to (here state the nature of
   the claim or relief sought).
   Stated before me at...... aforesaid, this......day
   of......, 18......
   Judge.

2. Summons.

In the Warden's Court of. District, in the
Province of Canterbury, New Zealand, A. B.
(address, description. &c.) Complainant, and
C. D. (address, description, &c.) Defendant.

Whereas complaint hath this day been made before
me the undersigned, the Judge of the said Court, by
A. B. (address, description, &c.) Complainant, against
C. D. (address, description, &c.) Defendant.

1. That (here 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,
   state each substantively, numbering them 1, 2, 3, &c.,
   as in complaint). Wherefore Complainant claims
   that the Defendant be adjudged to (here state the
   nature of the claim or relief sought as in the com-
   plaint). These are therefore to command you the
   said C. D., in Her Majesty's name, to be and appear
   on the......day of......18......at......o'clock in the......
   noon, at the Court House, at....... before me, to
   answer to the said complaint and demand (in any
   case falling under Rule 39, in which in the complaint
   an interim injunction is claimed, here insert.) And
   in the meanwhile you are hereby enjoined to desist
   from (here state the matter of injunction distinctly)
   under the penalty, in case of disobedience of this
   injunction, contained in the Act.

(L.S.)
Given under my hand and Seal this......day
of......in the year of our Lord 18......,
at......in the District aforesaid.
Judge.

3. Certificate of Service.

I......Bailiff to the Warden's Court at......, do
hereby certify that I served......mentioned in the
within Summons, with a copy thereof on the......
day of......18......, between the hours of......and
.noon.
E. F.

4. Summons to a Witness.

In the Warden's Court of......holden at......,
between A. B....... Plaintiff, and C. D.......
Defendant.

You are hereby required to attend at the Court
House in......on the......day of......, 18......, at the
hour of......in the......noon, to give evidence in the
above cause, on behalf of (Plaintiff or Defendant as
the case may be) and then and there to have and
produce (state any particular documents required)
and all other books, papers, writings, and other
documents relating to the said action, which may be
in your custody, possession, or power. In default of
your attendance you will be liable to a penalty of
Five Pounds, under Section 54 of the Gold Fields
Act, 1862.

Dated this..... day of......18.....
C. D.,
Clerk of Court.

To Α.Β. (address, description, &c.)

5. Clerk's Notice of Jury.

In the Warden's Court of...... holden at......,
between A. B...... Plaintiff and C. D......
Defendant.

Take notice that this case will be tried by a Jury,
the Plaintiff (or Defendant as the case may be)
having demanded a Jury therein.

Dated this......day of......18..
To the Plaintiff or Defendant
as the case may be (ad-
dress, description, &c.)
C. D.,
Clerk of Court.