JUNE 11.] THE NEW ZEALAND GAZETTE. 857

31. Guardian ad litem.

An order for the appointment of a guardian ad litem to an infant defendant may be made at any convenient time by the Magistrate in Chambers, and such order shall be entered in the Minute-book. No such order shall be made in the absence of the said guardian unless he shall have signed a consent in Form No. 75 in Appendix A hereto.

32. Joinder and Striking-out of Parties.

Applications under section 61 of the Act may be made to the Magistrate in Chambers at any convenient time, or at the hearing of an action. No person shall be added as a plaintiff without his own consent; and every person whose name is added as a defendant, if not present, shall be entitled to notice, in the Form No. 62 in Appendix A hereto, which shall be served two clear days before the time at which the hearing is to be proceeded with, or at such longer interval as the Court or Magistrate may order.

33. Change of Parties.

When any application is made to the Court for an order substituting or adding a plaintiff or defendant, notice of such application shall be given to the opposite party, and a copy filed with the Clerk. Such notice shall be in the Form No. 63, in Appendix A hereto, and shall set out the facts on which the applicant relies, and shall name the time when the applicant intends to apply to the Court, and shall be served two clear days before such day of hearing of the application. On the day named in the notice, or on any subsequent day, the Court may make such order in the matter as it may think fit, a memorandum of which shall be made on the plaint-note and in the Minute-book, and all subsequent proceedings shall be carried on under the altered title.

34. Change of Venue.

When an application is made to change the venue, notice of such application shall be in Form No. 64 in Appendix A hereto, and shall be served on the plaintiff or defendant, as the case may be, and a copy filed with the Clerk two clear days before the day on which the application is to be made. The application may be made to the Court, or to the Magistrate in Chambers, on any convenient day to be fixed by the Clerk. An order changing the venue shall be in the Form No. 65 in Appendix A hereto, and shall be entered in the Minute-book, and indorsed on the plaint-note.

35. Attachment of Debts.—Examination of Defendant at Hearing.

When a plaintiff is desirous that the defendant, if the defendant shall have judgment given against him, shall be orally examined forthwith after the judgment shall have been given as to what debts are due, owing or accruing to him, the plaintiff shall, before the action is called on, lodge with the Clerk a notice, in the Form No. 66 in Appendix A hereto; and the Court, after judgment given, may order the immediate examination of the defendant, and he may then be examined as to any debts due, owing, or accruing to him, and, if any such debtor be present in Court, he may be required forthwith, if he admits the debt, to show cause why he should not be ordered to pay into Court, for the benefit of the judgment creditor, such debt, or so much thereof as will satisfy the judgment, and such order shall be entered in the Record-book, and may be enforced in manner provided by the Act.

36. Examination of Judgment Debtor and Sub-debtor.

A plaintiff who has not lodged the notice provided for in Rule 35, and who has obtained a judgment, or a defendant who has obtained a judgment against a plaintiff, may at any time thereafter apply, ex parte, to the Magistrate of the Court where the judgment was given, in Chambers, for an order or orders for the examination of the judgment debtor and of any sub-debtor. Such orders may be in the Forms Nos. 67 and 69 in Appendix A hereto, or to the like effect; and service of an attachment order (No. 69) shall be sufficient summons to the sub-debtor to attend the examination, provided that no sub-debtor shall be required to attend for examination at any Court or place more than twenty miles from the place where he resides or carries on business. A sub-debtor attending for examination shall be entitled to his expenses, according to the prescribed scale for witnesses.

37. Plaint against Sub-debtor.

The sub-debtor may give notice of payment into Court, or that he disputes the debt, in the Form No. 71 of Appendix A hereto.