THE NEW ZEALAND GAZETTE. 349

do and perform all other acts and duties properly
incident to the office of clerk.

7. The parties in every complaint, action, or
   proceeding, shall appear and act personally or by a
   barrister or solicitor of the Supreme Court, and not
   otherwise, unless under special circumstances the
   warden permits any party to appear by an agent,
   not being a barrister or solicitor.

8. No officer of the Court shall, either by himself
   or by any partner or person in his employment, be
   directly or indirectly engaged as counsel, attorney,
   or agent for any party in any proceeding in the Court.

9. Every action shall be commenced by a complaint
   and summons in the form or to the effect in the
   Schedule hereto annexed.

10. 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 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.

11. 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.

12. Such summonses may be issued against any
    defendant residing or being without the district
    within which the Court has jurisdiction, provided it
    clearly appear from the complaint that the cause of
    action is otherwise within the jurisdiction of the
    Court.

13. 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.

14. The summons may be served by any person
    whom the warden may authorize, 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 warden taking proof thereof
    by oath if he think fit.

15. 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.

16. The parties shall be heard in open Court upon
    the day appointed, but the warden 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.

17. If the complainant do not appear at the time
    appointed, and good cause for his absence be not
    shown, the warden shall dismiss the complaint, and
    award a sum to the defendant as costs, or adjourn
    the hearing of the same.

18. If the defendant do not appear, the Court
    may either hold him as confessing the claim 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.

19. Every judgment entered up in pursuance of
    the verdict of assessors, 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.

20. A minute of every decision shall be entered by
    the warden, in a book to be kept for that purpose,
    and shall be signed by the warden or by the assessors
    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.

21. 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 warden shall seem fit, but in default of any
    special direction, such costs shall abide the event of
    the action.

22. The costs of witnesses, whether they have been
    examined or not, may in the discretion of the warden
    be allowed, although they may not have been
    summoned.

23. The warden may make such order as he may
    think fit, concerning the times, and by what
    instalments, any sum of money for which judgment
    shall be obtained shall be paid; and all such money
    shall be paid into Court unless the warden shall
    otherwise direct.

24. The warden may at all times amend all defects
    and errors in any proceeding in this Court.

25. Where by reason of the death or unavoidable
    absence of the warden a Court cannot be held, the
    clerk of the Court shall adjourn the Court to such
    day as he may deem convenient.

SCHEDULE OF FORMS.

1. Complaint.

In the Warden's Court of
District, in the
Province of Otago, New Zealand.

Be it remembered that upon the
day of
18
, cometh before me the undersigned,
warden of the Otago Gold Fields, 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
. Warden.

2. Summons.

In the Warden's Court of
District, in the
Province of Otago, New Zealand, A.B. (address
description) complainant, and C. D. (address
description) 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 complaint.)
   These are therefore to command you the said C. D.,
   in Her Majesty's name, to be and appear on the
   day 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 in which in the complaint an interim injunction is
   claimed, here insert) and in the meanwhile you áre
   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.

Given under my hand and seal this
day of
in the year of our Lord 18
, at
in the district aforesaid.
Warden.