DEC. 19.]

THE NEW ZEALAND GAZETTE.

1351

Additional Rules under the District Courts Acts.

ONSLOW, Governor.
ORDER IN COUNCIL.
Joinder of Causes of Suit.

At the Government House, at Dunedin, this sixteenth day
of December, 1889.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the tenth section of "The District
Courts Act Amendment Act, 1865" (hereinafter
termed "the said Act"), it is enacted that it shall be lawful
for the Governor in Council, with the concurrence of one of
the Judges of the Supreme Court, to frame general rules and
orders for regulating the practice of the said Courts and the
form of proceedings therein, and from time to time to rescind,
suspend, alter, or amend all rules, orders, and forms then
framed or hereafter to be framed, or any of them, or any part
thereof; and that such original or amended rules, orders,
and forms, or any rules rescinding the same or any of them,
shall be in force in any District Court respectively from a
day to be fixed by the Governor in Council: And whereas it
appears to be expedient that rules additional to those already
made should be provided for regulating the practice of
District Courts:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the power and
authority conferred by the said Act, and acting by and with
the advice and consent of the Executive Council of the said
colony, and also with the concurrence of Sir James Prender-
gast, Chief Justice of the Supreme Court of the said colony,
doth hereby make and prescribe the following additional
rules, and doth hereby order and direct that they shall be in
force in all District Court districts on and after the first day
of January, one thousand eight hundred and ninety.

DISTRICT COURT RULES.

Parties.

1. ALL persons may be joined as plaintiffs in whom the right
   to any relief claimed is alleged to exist, whether jointly,
   severally, or in the alternative.

2. Judgment may be given for such one or more of the
   plaintiffs as may be found entitled to relief, for such relief
   as he or they may be entitled to, without any amendment.
   But the defendant though unsuccessful shall be entitled to
   his costs occasioned by so joining any person or persons
   who shall not be found entitled to relief, unless the Court, in
   disposing of the costs of the suit, shall otherwise direct.

3. All persons may be joined as defendants against whom
   the right to any relief is alleged to exist, whether jointly,
   severally, or in the alternative. Any judgment may be
   given against such one or more of the defendants as may be
   found to be liable according to their respective liabilities
   without any amendment.

4. It shall not be necessary that every defendant to any
   suit shall be interested as to all the relief thereby prayed for,
   or as to every cause of suit included therein; but the Court
   or a Judge may make such order as may appear just to pre-
   vent any defendant from being embarrassed or being put to
   expense by being required to attend any proceedings in
   such suit in which he may have no interest.

5. The plaintiff may, at his option, join as parties to the
   same suit all or any of the persons severally or jointly liable
   on any one contract, including parties to bills of exchange
   and promissory notes.

6. Where in any suit, whether founded upon contract or
   otherwise, the plaintiff is in doubt as to the person from
   whom he is entitled to redress, he may join two or more
   defendants, to the intent that in such suit the question as
   to which, if any, of the defendants is liable, and to what
   extent, may be determined as between all parties to the
   suit.

7. Trustees, executors, and administrators may sue and
   be sued on behalf of or as representing the property or
   estate of which they are trustees or representatives, without
   joining any of the parties beneficially interested in the trust
   or estate, and shall be considered as representing such
   parties in the suit; but the Court may, at any stage of the
   proceedings, order any of such parties to be made parties to
   the suit, either in addition to, or in lieu of, the previously
   existing parties thereto.

8. Where there are numerous parties having the same
   interest in one suit, one or more of such parties may
   sue or be sued, or may be authorised by the Judge to defend
   in such suit on behalf or for the benefit of all parties so
   interested. Any application under this rule may be to the
   Judge, either at the trial or in Chambers.

9. Where any suit within the jurisdiction of the Court is
   brought to recover any lands, all persons in whom the title
   is alleged to be shall be plaintiffs, and the person or persons
   alleged to be in possession, or apparent possession, of the
   lands sought to be recovered shall be defendant or de-
   fendants.

Joinder of Causes of Suit.

10. No cause of suit shall, unless with the leave of the
    Judge, be joined with a suit for the recovery of land, except
    claims in respect of mesne profits, or arrears of rent in
    respect of the premises claimed, or any part thereof, or
    damages for breach of any contract under which the same or
    any part thereof are held.

11. Claims by an Official Assignee in Bankruptcy as such
    shall not, unless by leave of the Judge, be joined with any
    claim by him in any other capacity.

12. Subject to the two preceding rules, a plaintiff may
    unite in the same suit several causes of suit without leave of
    the Court.

13. Claims by or against husband and wife may be joined
    with claims by or against either of them separately.

14. Claims by or against an executor or administrator, as
    such, may be joined with claims by or against him per-
    sonally, provided the last-mentioned claims are alleged to
    arise with reference to the estate in respect of which the
    plaintiff or defendant sues or is sued as executor or adminis-
    trator.

15. Claims by plaintiffs jointly may be joined with claims
    by them or any of them separately against the same de-
    fendant.

16. If at any time it appears, or is made to appear, to the
    Court that the causes of suit united or claims joined in any
    suit cannot be conveniently tried and disposed of together,
    it may order separate trials, or may exclude any such cause
    of suit or claim, and may order the particulars to be
    amended accordingly, and may make such order as to costs
    as may be just.

Particulars of Claim.

17. In all cases of ordinary account, such as partnership
    executorship, or ordinary trust accounts where the plaintiff
    in the first instance desires to have an account taken, the
    particulars shall contain a claim that such account be taken.

18. In all cases where the assignee of any debt or other
    legal chose in action sues, he shall state on his particulars
    the name and description of the assignor.

19. Where the suit is brought to recover any lands the
    plaintiff shall at the time of entering the plaint file a state-
    ment, in writing, containing a full description of the pro-
    perty sought to be recovered.

20. Where the plaintiff seeks to obtain payment or satis-
    faction, relief, redress, or remedy upon more than one
    cause of suit or claim he shall state in his particulars the
    grounds of each claim separately, and shall also state sepa-
    rately the payment or satisfaction, relief, redress, or remedy
    he claims in respect of each.

Service in Particular Cases.

21. Service of any summons, notice, or other proceeding
    upon an attorney or agent in any case where such attorney
    or agent may be sued shall have the same force and effect
    as if the principal had himself been personally served, within
    the jurisdiction, with such summons, notice, or other pro-
    ceedings.

22. Where the defendant is an aboriginal native of New
    Zealand, a true and correct translation into the Maori lan-
    guage of the summons and particulars of claim shall be
    served upon him, and the plaintiff shall be allowed to include
    in his claim a sum not exceeding two shillings and sixpence
    per folio of seventy-two words for the cost of such transla-
    tion.

23. Where the plaintiff is an aboriginal native as afore-
    said, a true and correct translation into the Maori language
    of any defence shall be served upon him, and a similar
    charge for the cost of such translation may be included in
    such defence.

24. Service of a summons to recover land or tenements
    may in case of vacant possession, or if the defendant cannot
    be found, and his place of abode shall not be known, or ad-
    mission to such land or tenements cannot be obtained for
    serving the summons, be made by posting a copy of the
    summons on some conspicuous part of the property, and
    such affixing shall be deemed good service on the defendant.

25. In any case not provided for by the rules service shall
    be effected in such manner as the Court shall direct.

Special Defences.

26. Where, in his defence, the defendant relies upon a
    statutory defence, he shall in such defence set forth the year,
    chapter, and section of the statute or ordinance on which he
    relies, or the short title thereof.

27. Where a defendant claims to be entitled, as matter of
    defence, to any equitable estate or right, or to relief upon
    any equitable ground against the claim of the plaintiff, he
    shall, five clear days before the return-day, file a concise state-
    ment of the estate or right he so claims, and shall show con-
    cisely the circumstances which give rise to such defence, and
    set forth separately each of the grounds of equitable defence.

28. Where in any suit for libel or slander the defendant
    relies, as a defence, upon the fact that the libel or slander is