268

THE NEW ZEALAND GAZETTE.

Form of plaint to be delivered by plaintiff.
3. The Clerk shall require every plaintiff to deliver
to him a plaint in the Form B in the Schedule
hereto, such plaint to be signed by the plaintiff or
his solicitor, or some person duly authorized by him
in that behalf; and no entry shall be made in the
plaint-book until the above-mentioned plaint has
been delivered to the Clerk. The number of the
plaint and the title of the case, together with the
date of hearing and particulars of the judgment,
when given, shall be indorsed thereon.

Clerk to issue summons.
4. The Clerk shall forthwith after the plaint is
entered issue the summons to the Bailiff or to his
lawful assistant, or to any other person authorized
in that behalf, for service thereof, together with a
copy for indorsement of affidavit of service. If there
shall be more than one defendant a summons shall be
issued for service upon each defendant, but it shall
be sufficient to issue one copy for the purpose of
affidavit of service containing the names of all the
defendants. If there shall be more than one defen-
dant the names of all the defendants shall be in-
cluded in each summons.

Bailiff to sign receipt for summons.
5. The Clerk shall require the Bailiff upon the
receipt of the summons to affix his initials and the
date in the plaint-book opposite the entry of the
plaint as evidence of such receipt.

No Clerk or officer to receive money for suitor.
6. No Clerk, Bailiff, or other officer of the Court
shall, on behalf of suitors, receive any money
out of Court, or sign any receipt for such money, or
otherwise act as an agent for that purpose.

No Clerk or officer to become surety.
7. No Clerk, Bailiff, or other officer of the Court
shall become surety in cases where, by the practice of
the Court, security is required.

Civil record-book to be kept.
8. The Clerk shall, previously to every sitting
of the Court, enter into the civil record-book,
in the form C in the Schedule hereto annexed, every
case the hearing of which stands adjourned to
that day, if any, and then, from a statement to be
delivered to him by the Bailiff, all cases in respect
of which summonses were issued to be heard on
that day. The decision of the Court shall be entered
opposite each case, and the signature of the Resident
Magistrate or presiding Magistrates affixed thereto.

Home warrant-book to be kept.
9. The Clerk shall keep a book in the form D in
the Schedule hereunto annexed, in which he shall enter
the particulars as therein provided of all warrants
under civil process issued to the Bailiff for execution,
and in which he shall enter the amounts respectively
received on such warrants by the Bailiff.

Foreign process issue-book to be kept.
10. The Clerk shall keep a book in the form E in
the Schedule hereunto annexed, in which he shall
enter all processes issued to other Courts for service
and execution.

Foreign process receipt-book to be kept.
11. The Clerk shall keep a book in the form F in
the Schedule hereunto annexed, in which he shall
enter all processes received from other Courts for
service and execution. Upon delivery of each such
process to the Bailiff the Clerk shall take his receipt
in the book.

Application for warrant to be in writing.
12. Before the issue of any warrant under civil
process the person desiring to have the warrant
issued shall lodge in the Court an application in the
[No. 16
form G in the Schedule hereunto annexed, signed
by the plaintiff, his solicitor, or some person duly
authorized by him in that behalf.

Clerk to check Bailiff's receipts on warrants.
13. It shall be the duty of the Clerk, on receipt
thereof, to examine the statements required by Rule
No. 17 to be furnished by the Bailiff, and to see
that the amount due on the warrant has been
accounted for.

Clerk to require Bailiff to report weekly as to warrants.
14. The Clerk shall require the Bailiff to report to
him weekly in respect of each warrant issued to him,
either from his own or other Courts, where a return
of such warrant has not been made to the Clerk;
and in any case in which it shall appear to the Clerk
that an unreasonable delay has taken place in the
execution of any warrant, or in the immediate
accounting for any moneys received thereon, it
shall be his duty forthwith to report such delay to
the Resident Magistrate.

Bailiff daily to give Clerk list of cases for hearing.
15. On the afternoon of every day immediately
preceding a sitting day the Bailiff shall deliver to
the Clerk of the Court a list of all summonses
issued that are fixed for hearing on the following
sitting day, setting forth those that have been
served and reasons for the cause of non-service of
those, if any, that have not been served.

Bailiff to furnish statement of cheques, bills, &c., seized.
16. It shall be the duty of the Bailiff to deliver
to the Clerk a written statement of all cheques,
bills of exchange, promissory notes, bonds, spe-
cialities, or other securities for money which shall
have been seized or taken by him on a warrant of
distress, immediately after seizure thereof.

Bailiff to furnish list of goods seized and prices realized.
17. It shall be the duty of the Bailiff, when re-
turning a warrant of distress after execution, to
deliver therewith a statement in writing, signed
by himself, of all the goods and chattels (other than
those mentioned in the foregoing rule) seized and
taken by him under the said warrant, if the said
goods and chattels have been sold, setting forth
opposite each article the price realized at the sale
thereof, together with a general balance-sheet in
respect of the proceeds on such warrant.

Bailiff to note on warrant the result of execution.
18. It shall be the duty of the Bailiff, before
returning to the Clerk of the Court any warrant
issued to him for execution, to state in writing
thereon the mode in which such warrant has been
executed; and, if moneys have been received in
respect thereof, such amount shall be stated thereon.

Claimant in interpleader to lodge cost of summons.
19. Any person making a claim on or in respect of
any goods or chattels taken in execution under any
warrant of distress shall lodge with the person
charged with the execution of the said process a sum
sufficient to cover the cost of issuing and serving the
interpleader summonses, and shall also deliver to
such person full particulars in writing of such claim
made by him, stating the goods claimed and the
ground of such claim.

Interpleader summons to be in forms in Schedule.
20. Interpleader summonses shall be in the Form
H in the Schedule hereunto annexed, and shall
be signed by the Resident Magistrate or Justice of
the Peace to whom the application for such summons
is made. Such interpleader summons may be issued
from the Court of the district in which the levy was
made, and the party upon whose application the
summons was issued, as well as the party making
such claim, shall be summoned to such Court. At