June 11.] THE NEW ZEALAND GAZETTE. 855

21. Adjournment by Consent.

Where a summons has been served, the parties, or their solicitors, or their agents authorised in writing, may, by signing and filing with the Clerk a consent in the Form No. 39 in Appendix A hereto, or to the like effect, and paying the prescribed adjournment-fee, adjourn the hearing to some subsequent day, being a day appointed for the sitting of the Court, and the adjournment shall be entered up forthwith in the Civil Record-book and signed by the Magistrate or Clerk.

22. Summons to Witness.

The summons to a witness may be in either of the Forms Nos. 40 or 41, and if such witness be a Native shall be accompanied by a translation in the corresponding Maori forms in Appendix A hereto. The summons shall be served personally, and it shall be sufficient if it be served a reasonable time before the time appointed for the sitting of the Court, having regard to the distance the witness will have to travel. The service may be proved on oath at the hearing, or by an affidavit in the Form No. 42 in Appendix A hereto, sworn in accordance with section 42 of the Act. The affidavit may include a statement that a certain sum of money as expenses was tendered or paid to the person named in the summons. When application is made to the Court, or the Court proposes of its own motion, at the hearing of any action, to impose a penalty on any witness for disobedience, in accordance with section 86 of the Act, if such witness be present the Court may call upon him to show cause forthwith, or may appoint a convenient time for the said witness to show cause why he should not be punished; if the witness be not present, he shall be first served with an interlocutory summons in the Form No. 110 in Appendix A hereto, appointing a time and place for his attendance to show cause. If at the time and place so appointed he shall fail to appear, or appearing shall not satisfy the Court in that behalf, the Court may make an order in the Form No. 111, to be followed, if necessary, by committal in the Form No. 112 in the said Appendix. Any interlocutory summons may be signed by the Clerk.

23. Confession, Judgment by Consent, and Payment into Court.

A written confession of claim or consent to judgment by the defendant shall be in such of the Forms Nos. 26, 26m, 27, 28, and 29, in Appendix A hereto, as may be appropriate. Notice may be given in Form No. 24 when the confession is for the whole amount claimed and unconditional; in other cases a duplicate of any confession may be served on the plaintiff by way of notice.

Whenever, after a summons has been served on him, a defendant attends at the office of the Clerk to confess the cause of action and wishes to attach a condition to such confession in accordance with section 105 of the Act, the Clerk may, at his request, sign a notice to the plaintiff in Form No. 30 in Appendix A hereto, which may be served on the plaintiff with a duplicate of the confession signed by the defendant attached. If the plaintiff then sign thereon his consent to the condition, and his signature be witnessed by a Magistrate, Clerk of Court, Justice of the Peace, or solicitor not engaged in the action, and the confession so signed and witnessed be returned to the Clerk by post or otherwise, then judgment may be at once entered up and signed by the Clerk of the Court without further attendance of the parties.

In paying money into Court the defendant shall sign in duplicate the notice thereof in such one of the Forms Nos. 31 or 32 in Appendix A hereto as may be appropriate. The Clerk shall thereupon note the fact of such payment and attach the original notice to the plaint-note, and the duplicate shall be served on the plaintiff. If the plaintiff give notice the day before the hearing of his acceptance of part of a claim so paid into Court, in the Form No. 25 in the said Appendix, the action shall cease.

24. Production of Documents.

Notice to admit or produce documents may be according to the Forms Nos. 44 to 47 in Appendix A hereto, with such variations as circumstances may require. An affidavit by the party, his solicitor, or the clerk of either, of the service of any notice to admit or to produce, and of the time when it was served, with a copy of the notice to admit or to produce, shall in all cases be sufficient prima facie evidence of the service of the notice and of the time when it was served. Application may be made to the Magistrate at any convenient time in Chambers for an order under section 87 of the Act. Such order may be in the Form No. 43 in Appendix A hereto.

25. Discontinuance.

The memorandum or notice of discontinuance provided for in section 111 of the Act shall be in one of the Forms Nos. 37 or 38 in Appendix A hereto, and shall be signed by or on behalf of the party or parties to the action.