858 THE NEW ZEALAND GAZETTE. [No. 44

When an order is made that the judgment creditor may sue the sub-debtor, the
judgment creditor shall commence the action in accordance with sections 68 and 69
of the Act, provided that the words “cause of action,” in the second line of section
69, shall mean the cause of action as between the judgment debtor and the sub-debtor.
If the sub-debtor neither pays in, disputes the debt, or appears, the order may be
made absolute (Form No. 70). Execution against a sub-debtor shall be in the Form
No. 95 in Appendix A hereto.

38. Writ of Arrest.

A writ of arrest shall be in the Form No. 84 in Appendix A hereto, and shall be
addressed to the Bailiff of the Court, or to some police constable to be named
in the writ. Such Bailiff or police constable shall, on executing the same, deliver
to the defendant a notice signed by the Magistrate or Justices issuing the writ in the
Form No. 85 of the said Appendix. If the defendant gives bail for his attendance
at the hearing, it may be by bond in the Form No. 86 in the said Appendix.
Where a writ of arrest is applied for and the defendant resides at a distance
from the Court of issue, the applicant shall deposit such a sum as the Magistrate
or Justices may think reasonable to cover the costs and expenses of arrest; such
costs and expenses shall be costs in the action.
The consent for summary hearing may be in the Form No. 87 in the said Ap-
pendix.

39. Arbitration.

The Magistrate may, at any time after the plaint is entered, with the consent of
parties, in the Form No. 72 in Appendix A hereto, make an order of reference in the
Form No. 73 in the said Appendix; and on entering up judgment thereunder the
same fees shall be paid as would have been paid if judgment were entered by con-
fession; but where any reference is ordered to the Clerk or other officer of the Court,
the same hearing-fee shall be paid as if the action had been tried.
The costs of the arbitration shall be entered up in the judgment as the Court
may direct.

40. Recovery of Tenements.

Where a plaint is entered for the recovery of possession of a tenement, either
with or without a claim for rent, mesne profits, or damages, the plaint-note shall be
in the form 7A in Appendix A hereto. The summons mentioned in sections 175 and
178 of the Act shall be in the Form No. 100, and that under section 176 in the
Form No. 101.

41. Deserted Premises.

The request to be made by the landlord of deserted premises under section 177
may be made in Chambers in Form No. 103 in Appendix A hereto. The action
shall be entered in the plaint-book, and the written request filed in lieu of the
ordinary plaint-note. The warrant to view shall be in the form No. 104, the notice
to be affixed to the premises in the Form No. 105, and the final warrant for posses-
sion in the Form No. 106 in Appendix A hereto.

42. Warrants of Possession and Confession in Tenement Cases.

The warrant for giving possession of a tenement shall be such one of the forms
in Appendix A hereto, Nos. 102 or 106, as may be applicable in each case.
The defendant in a tenement action may sign a confession in the Form No. 27,
and thereupon (mutatis mutandis) the same proceedings shall follow as on a confes-
sion of claim in an ordinary action.

43. Security.

In all cases where security is to be given, it may be by bond, to the opposite
party with one or two sureties to be approved by the Court or by a deposit of money.
The sureties to a bond shall severally make an affidavit in the Form No. 88, in
Appendix A hereto, of their sufficiency, unless the opposite party shall dispense with
such affidavit. The bond shall be deposited with the Clerk. No Clerk, Bailiff, or
other officer of the Court, or solicitor acting in the action, shall in any case become
surety. If security be given by deposit of money, the party giving such security
shall deposit with the Clerk a sum equal in amount to the sum for which he would
be required to give security by bond, together with a memorandum to be approved of