114
THE NEW ZEALAND GAZETTE.

directly or indirectly engaged as counsel, attorney,
or agent for any party in any proceeding in the
court.

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 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.

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 relief claimed.

14. 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, at least twenty-
    four hours before the time appointed for the hearing,
    unless the Warden shall otherwise direct at the time
    of issuing the summons.

15. The summons may be served by the bailiff or
    by any other person whom the court 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.

16. Either party may obtain from the Clerk of the
    Court, summonses to witnesses, to be served at the
    option of such party, either by himself or 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.

17. 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.

18. 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.

19. 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.

20. The costs for the summoning and attendance
    of assessors shall be paid into court before they are
    summoned.

21. It shall not be necessary to summon more than
    eight assessors to attend any one sitting of the court,
    and those summoned for the trial of any one cause
    shall be deemed to have been summoned for the trial
    of all causes to be tried at the same sittings of the
    court with the assistance of assessors.

22. It being competent to the court, whenever it
    shall see 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 the 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 Warden may issue such
order or injunction in the meantime; and afterwards,
on hearing the parties, may recal the same, or other-
wise decide as he may see fit.

23. All the costs of any complaint or proceeding
    shall be taxed by the Warden, and shall be paid or
    apportioned by or between the parties or such of
    them and 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.

24. The Warden 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 hereto annexed.

25. 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 sum-
    moned.

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

27. The Warden may at all times amend all defects
    and errors in any proceedings of the court.

28. In default of the payment of any fees, pay-
    ment thereof, by order of the Warden, may be
    enforced by such means as may be employed to
    recover any sum of money adjudged by the court to
    be paid.

29. The Warden, the clerk, and any other officer
    may refuse to do any act for which a fee shall be
    demandable, unless such fee shall first be paid.

30. The Judge may, in pursuance of the ninety-sixth
    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.

I.—Complaint.

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

Be it remembered that upon the
day of
18
, District
cometh before me the undersigned, Judge of the
Warden's Court, sitting at
, 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
186
Judge.

II.—Summons.

In the Warden's Court of
District, in the
of
, New Zealand, A. B. (address, descrip-
tion, &c.), complainant, and C. D. (address, descrip-
tion, &c.), defendant.

Whereas complaint hath this day beer made before me the
undersigned, the Judge of the said Court, by A. B. (address,
description, &c.), complainant, against C. D. (address, descrip-
tion, &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 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 —, 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