534
THE NEW ZEALAND GAZETTE.
[No. 30

Computation of costs.
45. When costs are allowed to a plaintiff they are to be computed on the amount for which judgment is given; when allowed to a defendant, on the amount sued for, unless in either case the Court shall specially order otherwise.

Searches.
46. The Clerk shall keep a book in the Form W in the Schedule hereto, to be called the “Search-book.” Every application for a search shall be entered therein, and signed by the applicant. The stamp shall be affixed in the search-book, and cancelled by the Clerk.

No Clerk, Bailiff, &c., to receive money as agent for suitor.
47. 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, except as provided by the Act.

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

Forms in Schedule to be used.
49. The several forms in the Schedule hereto, or forms to the like effect, shall be deemed sufficient, and in proceedings for which forms are not provided in the Act or these rules such forms may be used as the circumstances of the case require.

Existing books, &c., to be used until new ones supplied.
50. Until the books and forms prescribed by these rules shall be supplied the Clerk shall continue to use the books and forms prescribed by the rules hereby repealed, with such alterations as may be necessary.

SCHEDULE.

Form A. (Rule 4).
PLAINT-BOOK.
RESIDENT MAGISTRATE’S COURT at

Form B. (Rule 5).
PLAINT-NOTE.

In the Resident Magistrate’s Court of the District of , held at .
Between of , , plaintiff
and of , , defendant.
THE plaintiff claims to recover from the defendant the sum of , and requests that a summons may be issued forthwith.
Dated this day of , 189 .
Plaintiff.

• Insert occupation.

[Indorsement to be printed on back of Plaint.]
Plaint No. 189 .
In the Resident Magistrate’s Court at }
plaintiff.
} defendant.
Date of hearing :
Adjournments (if any) :

PARTICULARS OF JUDGMENT.
Judgment for plaintiff. [defendant.]
For .. .. £ :
Costs .. .. .. :
Witnesses’ expenses .. .. :
Solicitor’s fee .. .. :
£

Name of Magistrate hearing case : R.M.
Mr. for plaintiff.
Mr. for defendant.

Form B. (1.) (Rule 6).
NOTICE TO PLAINTIFF OF DAY FIXED FOR HEARING.
In the Resident Magistrate’s Court,
District of , held at . No. of Plaint :
Between , plaintiff,
and , defendant.
TAKE notice that the above case is set down for hearing at the Resident Magistrate’s Court to be held at , on the day of , 189 , at a.m.
Clerk of the Court.

To the Plaintiff.

Form C. (Rule 12.)
FOREIGN PROCESS RECEIPT-BOOK.
RECORD OF DOCUMENTS received from other Courts.

Form D. (Rule 16).
SHORT-SERVICE SUMMONS TO DEFENDANT.
Resident Magistrate’s }
District of , }
New Zealand, }
To wit.
To of [and calling].
WHEREAS the undersigned Resident Magistrate [or Justice of the Peace] issuing this summons is satisfied that you are about to remove out of the jurisdiction of this Court :
You are hereby summoned to attend at the Resident Magistrate’s Court, to be held at , on day, the day of , 189 , at the hour of o’clock in the noon, to answer the demand of [Christian and surname in full, and calling], for the sum of pounds shillings and pence, particulars whereof are hereunto annexed.
Herein fail not, or the case will be heard and determined in your absence.
Permission is hereby given to serve this summons at any time before the holding of the above-named Court as aforesaid.
Given under my hand at aforesaid, this day of , 189 .
Resident Magistrate [or Justice of the Peace].

Debt or claim .. .. £ :
Cost of summons .. .. :
Extra mileage .. .. :
Affidavit .. .. .. :
Subpoenas .. .. .. :
£ :

NOTE.—No plea of set-off, infancy, coverture, statute of limitations, or discharge under any Act relating to bankruptcy or insolvency will be allowed unless notice thereof in writing shall have been left with the Clerk of the Court, and a copy served upon the plaintiff or left at his place of abode, twenty-four hours at least before the day appointed for hearing the cause; and, if a set-off be claimed, a full statement of the particulars of such claim must be annexed to such notice and to the copy thereof.

[Indorsement.]
I, Bailiff of , do swear that I duly served the within-named with a summons, a true copy of which is within written, together with particulars thereunto