532
THE NEW ZEALAND GAZETTE.
[No. 30

Holidays.

3. The following days shall be holidays in the Court and the offices thereof, that is to say: The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign; the Birthday of His Royal Highness the Prince of Wales; and, in each district, the anniversary of the establishment of the province. A clerk will, however, attend at 10 a.m. on every holiday to transact any urgent business, unless the Resident Magistrate shall specially dispense with such attendance.

Plaint-book to be kept.

4. The Clerk shall keep the plaint-book in the Form A in the Schedule hereto. The names, addresses, and occupations of the plaintiffs and defendants shall in all cases where they are known be entered in full. Each plaint shall be numbered consecutively, commencing with No. 1 on the 1st of January in each year.

Form of plaint-note to be delivered by plaintiff.

5. The Clerk shall require every plaintiff to deliver to him a plaint-note in the Form B in the Schedule hereto, such plaint-note to be signed by the plaintiff or his solicitor, or some person duly authorised in writing in that behalf; and no entry shall be made in the plaint-book until the above-mentioned plaint-note shall have been delivered to the Clerk and stamped with the prescribed fee. The number of the plaint and the title of the case, together with the date of hearing, the several adjournments, if any, the particulars of the judgment when given, the name of the Resident Magistrate or Magistrates by whom given, and the names of the solicitors appearing, if any, shall be indorsed thereon. The name of each witness and by whom summoned shall also be entered on the plaint-note opposite to the stamp denoting the fee for the subpoena.

Plaint-note, &c., may be posted to Clerk.

6. Any plaintiff residing more than ten miles from the office of the Clerk, instead of attending such office, may send the plaint-note to such Clerk by post, accompanied by the bills of particulars as provided by the Act, and by the Court fees in stamps (including an extra fee of 1s.). The Clerk, on receiving such plaint-note and fees as above, shall enter the plaint and send to the plaintiff by post a notice of the day of hearing in the Form B (1) in the Schedule hereto.

All documents to be attached to the plaint-note.

7. The Clerk shall attach to the plaint-note all documents and processes belonging to the case. All plaint-notes shall be filed in numerical order of each year.

Clerk to issue summons.

8. The Clerk shall forthwith after the plaint is entered issue the summons, and, unless it is one to be served under the provisions of section 81 of the Act, he shall deliver the same to the bailiff or to his lawful assistant, or to any other person authorised to serve it, 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 defendant the names of all the defendants shall be included in each summons.

Computation of time for service of summons.

9. In computing the time for service of a summons under section 33 of the Act, no Sunday or Court holiday shall be counted.

Summonses to be issued on day applied for.

10. All summonses shall, if possible, be issued on the day applied for, and forwarded or handed to the proper officer or person for service not later than the day after.

Solicitor’s name to appear on bill of particulars.

11. Where a plaint-note is filed by a solicitor, the name of the solicitor shall appear on the bill of particulars.

Foreign process receipt-book to be kept.

12. The Clerk shall keep a book in the Form C in the Schedule hereto, in which he shall enter all processes received from other Courts for service or execution.

Clerk of foreign Court may correct mileage.

13. Whenever any process is sent to the Clerk of another Court to be dealt with in accordance with the provisions of section 81 of the Act, on which the amount charged for mileage is incorrect, the Clerk of the Court to whom such process is sent may make any necessary alteration in the mileage in such process.

Bailiff to return summonses issued to him.

14. The Bailiff shall return all summonses to the Clerk before the day of hearing, and if any are unserved shall state in writing the cause of such non-service.

Summonses to be served and returned without delay.

15. The person who serves any summons shall forthwith make an affidavit of service, and return the copy summons with such affidavit to the Clerk from whom he shall have received it; and such copy, if issued from another Court, shall be forwarded without delay to such Court, to be there filed.

Service of summons less than forty-eight hours under section 33 of Act.

16. A short service summons shall be in the Form D in the Schedule hereto, or to the like effect. It must be signed by a Resident Magistrate, or a Justice of the Peace, and can only be issued for hearing on a day appointed by the Resident Magistrate for a sitting of the Court.

Authority to dispense with personal service.

17. The authority to dispense with personal service provided for in section 37 of the Act shall be in the Form E in the Schedule hereto, or to the like effect, unless such authority be given by the Resident Magistrate in open Court.

Notice of set-off, plea of infancy, &c.

18. When a defendant gives notice of set-off, or special defence, he shall do so in the Form F or the Form G in the Schedule hereto, or to the like effect, twenty-four hours at least before the time appointed for the hearing of the action. In a claim of set-off particulars of defendant’s claim shall be attached to such notice.

Discontinuance.

19. Notice of discontinuance of an action may be given by the plaintiff in the Form H in the Schedule hereto, or to the like effect. After receipt of such notice the party on whom it is served (unless he shall have agreed to such discontinuance) may apply ex parte to the Court for an order against the plaintiff for the costs incurred by him before receipt of such notice.

Clerk may enlarge time of service.

20. Whenever the Bailiff has been unable to serve a summons in time for the sitting of the Court, the Clerk may, on the application of the plaintiff, enlarge the time of service to some convenient day, being a day appointed for the Court to sit. This he shall do by striking out the original date for hearing, inserting the new date, and placing his initials in the margin opposite the alteration.

Adjournment by consent.

21. Where a summons has been served, the parties, or their solicitors or agents authorised in writing, may, by signing and filing with the Clerk a consent in the Form J in the Schedule hereto, or to the like effect, and paying the prescribed adjournment-fee, adjourn the hearing to some subsequent day, being a day appointed for a sitting of the Court.

Civil record-book to be kept.

22. The Clerk shall, previous to every sitting of the Court, enter in the Civil record-book in the Form K in the Schedule hereto, in their numerical order, every case the hearing of which is fixed for or stands adjourned to that day. The decision of the Court shall be entered in the Civil record-book opposite each case, and the signature of the Resident Magistrate or presiding Magistrates affixed thereto.

Notice of reinstatement to be given.

23. Where the Court orders a case to be reinstated under section 48 of the Act, notice in the Form L in the Schedule hereto, or to the like effect, shall be served on or sent to the defendant by the plaintiff, and, if more than one, to each defendant.

Notice of grant of new trial to be given.

24. Where a new trial is granted under section 50 of the Act, notice in the Form M in the Schedule hereto, or to the like effect, shall be served on or sent to the plaintiff by the defendant, and, if more than one, to each plaintiff.

Satisfaction of judgment, and amounts paid, to be entered on plaint-note.

25. The Clerk shall enter on the plaint-note in each case the satisfaction of the judgment therein; and, where the judgment debt is payable by instalments, he shall attach to the plaint-note a sheet in the Form N in the Schedule hereto, and shall enter thereon each payment as made by the judgment debtor.

Application for rehearing to be in writing.

26. No application for a rehearing shall be entertained unless made in writing; and whenever both parties do not concur in such application, notice thereof, stating the time