THE NEW ZEALAND GAZETTE. 113

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, the
seventh day of March, 1868.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Gold Fields Act, 1866," it
is enacted that it shall be lawful for the
Governor, by Order in Council, from time to time, to
constitute for any gold field or for any part thereof,
Wardens' Courts for the administration of justice
therein, and to appoint Wardens of such Courts,
with power to act alone or with assessors, and in
such manner, and to exercise all or any of the powers
thereinafter mentioned as the Governor shall think
fit.

And whereas by a certain proclamation made by
Sir George Grey, the then Governor of the Colony,
dated the twenty-fifth day of June, one thousand
eight hundred and sixty-two, and published in the
New Zealand Gazette on the twenty-seventh day of
the said month of June, the portion of the Colony
in the Province of Auckland therein specified was
constituted a gold field.

And whereas it is expedient that Wardens' Courts
should be constituted in and for the said gold field:

Now therefore His Excellency the Governor, in
pursuance and exercise of the said power and
authority, doth hereby, with the advice and consent
of the Executive Council of New Zealand, order that
Wardens' Courts shall be and the same are hereby
constituted and established for the gold field con-
stituted by the hereinbefore recited proclamation,
dated the twenty-fifth day of June, one thousand eight
hundred and sixty-two, for the administration of
justice therein, and doth appoint

JAMES MACKAY, jun.,
HENRY CHARLES LAWLOR, and
ALAN BAILLIE, Esquires,

to be Wardens of such Courts, with power to act
alone or with assessors, and in such manner as by
the said Act is provided, and to exercise all such
powers as are mentioned in the said Act, and which
the Governor has power to direct them to exercise.

Approved in Council:

FORSTER GORING,
Clerk of the Executive Council.

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
seventh day of March, 1868.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The Gold Fields
Act, 1866," it is enacted that it shall be lawful for
the Governor in Council, from time to time, to make
alter and revoke rules regulating the procedure and
practice in 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.

And whereas by certain Orders in Council heretofore
made under the provisions of "The Gold Fields Act,
1862," and by certain other Orders in Council, made
under the provisions contained in "The Gold Fields
Act, 1866," rules regulating the procedure and
practice in Wardens' Courts in New Zealand, and in
cases of appeal therefrom, were made, and certain
alterations thereof have become advisable:

Now therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of New Zealand, from and after the
sixth day of April next, doth hereby revoke all
rules and regulations heretofore made regulating the
procedure and practice in Wardens' Courts, and
in cases of appeals therefrom, and fixing fees to be
taken in respect of proceedings therein, and doth
hereby order that the rules and fees respectively set
forth in the Schedule hereunto annexed shall be the
rules regulating the proceedings and practice in all
Wardens' Courts, and in cases of appeal therefrom,
and shall be the fees to be taken in respect of pro-
ceedings therein.

FORSTER GORING,
Clerk of the Executive Council.

WARDENS' COURTS.

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

1. The Schedule of Forms and Scale of Fees here-
   unto 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, 1866," as
   amended by "The Gold Fields Act Amend-
   ment Act, 1867."
   "Clerk," " bailiff:" The clerk, bailiff, or person
   duly appointed and authorized to act as such
   respectively.
   "Oath" shall include affirmation.
   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 in such
   place and times as the Warden 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 or authority duly delegated by the
   Governor to exercise such power under the Act.

5. It shall be lawful for the Warden 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 the 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 payable or paid into court, and of all
   moneys 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 the court, who
   shall be appointed by and hold office during the
   pleasure of the Warden thereof.

8. The bailiff shall attend the sittings of the court,
   unless when his absence shall be allowed by the
   Warden, and shall, when required, serve all sum-
   monses 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 Warden.

9. The parties in every complaint, action, and
   proceeding shall appear and act personally or by a
   barrister or solicitor of the Supreme Court, or in the
   absence of any barrister or solicitor, and by leave of
   the Warden, by an agent to be appointed by the
   plaintiff or defendant, in writing.

10. No officer of the court shall, either by himself
    or by any partner or person in his employment, be