April 27.] THE NEW ZEALAND GAZETTE. 533

and place at which it is intended that such application shall
be heard, shall be served upon the opposite party or parties
or his or their solicitor at least twenty-four hours before the
time therein stated for the hearing of such application.
The application and notice shall be in the Forms O and P
in the Schedule hereto, or to the like effect.

Warrant-book to be kept.

27. The Clerk shall keep a book in the Form Q in the
    Schedule hereto, in which he shall enter the particulars as
    therein provided of all warrants under civil process issued to
    the Bailiff of his Court, or forwarded to any other Court for
    execution, and in which he shall enter the amounts respec-
    tively received on such warrants.

Application for warrant to be in writing.

28. Before the issue of any warrant under civil process the
    person desiring to have the warrant issued shall lodge with
    the Clerk of the Court an application in the Form R in the
    Schedule hereto, or to the like effect, signed by the plaintiff,
    his solicitor, or some person duly authorised by him in
    writing in that behalf.

Bailiff to furnish statement of cheques, bills, &c., seized.

29. The Bailiff shall deliver to the Clerk a written state-
    ment of all cheques, bills of exchange, promissory notes,
    bonds, specialties, 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 realised.

30. The Bailiff shall, when returning a warrant of dis-
    tress after execution, deliver therewith a statement in writ-
    ing, 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, and if the said goods and
    chattels have been sold, setting forth opposite each article
    the price realised at the sale thereof, together with a general
    balance-sheet in respect of the proceeds and expenses on
    such warrant.

Bailiff to employ auctioneer unless otherwise authorised.

31. The Bailiff may employ an auctioneer to sell goods
    seized under a warrant of distress, unless he is directed by
    the Resident Magistrate to do otherwise. When the Bailiff
    acts as auctioneer the commission on the sale is to be paid
    to the Clerk in stamps, which are to be affixed to the plaint-
    note.

Bailiff to note on warrant the result of execution.

32. The Bailiff, before returning to the Clerk of the Court
    any warrant issued to him for execution, shall 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.

Bailiff to report weekly as to warrants.

33. The Bailiff shall report to the Clerk 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.

Clerk to examine Bailiff's statements, &c.

34. The Clerk shall require the Bailiff to deliver to him
    the various statements, reports, and balance-sheets as re-
    quired by these rules, and shall examine them, and in case
    of any irregularity shall report the same to the Resident
    Magistrate.

Claimant in interpleader to lodge full particulars of claim.

35. Any person making a claim on or in respect of any
    goods or chattels taken in execution under any warrant of
    distress shall deliver to the Bailiff or person charged with
    the execution of the said process a notice containing full
    particulars of his claim to the said goods or chattels, and
    the grounds of such claim. This notice shall be in the Form
    S in the Schedule hereto, or to the like effect. The costs
    incident to the making and hearing of such claim shall be
    paid by such of the parties as the Court hearing the claim
    shall direct.

Interpleader summons to be in forms in Schedule.

36. Interpleader summonses shall be in the Forms T (1) and
    T (2) in the Schedule hereto, or to the like effect, and shall
    be signed by the Resident Magistrate or Justice of the Peace
    to whom the application for such summonses is made. Such
    summonses shall be issued from the Court out of which the
    distress warrant was issued, and the Resident Magistrate or
    Justice issuing the same shall fix the time and place for
    hearing, and the party upon whose application the summonses
    was issued, as well as the party making such claim, shall
    be summoned to such Court. At the hearing the case shall
    proceed as if the claimant were the plaintiff and the execu-
    tion creditor the defendant.

How notices are to be served.

37. All notices required by the Act or these rules to be
    given, or served on, or sent to a party, may be served per-
    sonally or, by leave of the Resident Magistrate or Clerk, may
    be sent by registered letter, and may, in cases where such
    party is represented by a solicitor, be served on or left at the
    office of such solicitor during office hours.

Bailiff to sign receipt for processes issued to him.

38. The Bailiff shall upon the receipt of any process affix
    his initials and the date in the proper book as evidence of
    such receipt.

Proceedings by infant plaintiffs, &c.

39. Where an infant desires to commence an action (other
    than for wages or piecework, or for work as a servant), or is
    a claimant in an interpleader proceeding, he shall procure
    the attendance of a next friend at the office of the Clerk at
    the time of entering the plaint or delivering the particulars
    of the goods and chattels alleged to be his property. No
    plaint shall be entered or particulars received until the next
    friend has undertaken, according to the Form U in the
    Schedule hereto, to be responsible for costs. The action or
    interpleader proceeding shall proceed in the name of the
    infant by such next friend, and the undertaking shall be
    filed by the Clerk; and no order of the Court shall be neces-
    sary for the appointment of such next friend.

Infant defendant to appear by guardian ad litem.

40. Where the defendant is an infant he may name a per-
    son as his guardian ad litem, and if such person assents he
    may be appointed by the Court, but if the defendant do not
    name a guardian the Court may appoint any person present
    willing to act, or in default of such person the Court shall
    appoint the Clerk to act as guardian ad litem, and the action
    or matter shall thenceforth proceed as if the infant had
    named a guardian, but no responsibility shall attach to the
    person so appointed guardian at the instance of the Court.

Statement of case on appeal to be given within ten days after notice.

41. It shall be the duty of the party appealing to deliver to
    the opposite party, or to his solicitor, within ten days of
    giving security as by law required, a written statement of
    the case. If the party receiving such statement does not
    agree with the appellant as to the statement of the case in
    writing within seven days after the receipt thereof, then it
    shall be the duty of the parties, or either of them, to apply in
    writing within three days from the expiration of the said
    seven days to the Resident Magistrate of the district, or if
    the Resident Magistrate was not present at the hearing,
    then to the Justices of the Peace before whom the case was
    heard, to settle the case; and if this rule be not complied
    with, the successful party may proceed on the judgment,
    unless the Resident Magistrate or Justices of the Peace shall
    otherwise order.

Interpreters.

42. Where an Interpreter is required to interpret the
    evidence of a Maori or foreign witness to the Court, such
    Interpreter shall be subpoenaed by the party desiring to use
    such evidence. Where the Act requires particulars, sum-
    monses, and other processes to be translated into Maori
    before service or execution, the plaintiff may employ an
    authorised Interpreter to translate the same, and the cost
    of such translation shall be added to the costs at the foot
    of the summons or warrant, as the case may be, and be
    recoverable from the defendant. For either interpreting
    in Court or translating documents, the Interpreter may
    be allowed fees not exceeding the fees authorised to be
    paid to Maori Interpreters by the scale in New Zealand
    Gazette of 20th March, 1890, p. 318, or by any scale
    which may hereafter be substituted therefor. All such fees
    may, if the Court or Resident Magistrate so order, be
    costs in the action: Provided that where the Clerk is
    competent he may translate documents or interpret in
    Court without charge.

Confession of judgment.

43. When a defendant confesses judgment prior to the
    date fixed for the hearing of the case, notice of such confes-
    sion shall be given to the plaintiff or his solicitor in the
    Form X in the Schedule hereto.

Defendant consenting to judgment in open Court.

44. Where a defendant appears in open Court, and admits the
    cause of action to the full amount claimed, he shall be re-
    quired to pay only the fees payable in respect of confession
    and judgment under section 42 of the Act.