Jan. 30.] THE NEW ZEALAND GAZETTE. 247

Herein fail not, or the case will be heard and determined
in your absence.
Debt or claim (if any) £
Cost of summons ..
Extra mileage ..
Subpoenas ..
£

Given under my hand and the seal of the said Warden’s
Court, this day of 1 , Clerk of Court.

Hours of attendance at the office of the Clerk at :
From till , except on , when the office
will be closed at .

NOTICE.

[To be indorsed on the summons and the duplicate summons,
Form 4.]

To the defendant.
If you pay to the Clerk of the Court the debt and costs as
stated in the summons, and give notice to the plaintiff or his
solicitor forty-eight hours at least before the time appointed
for the hearing, the action will be stayed ; but you may pay
the same at any time before the hearing, subject to the pay-
ment of further costs.

If you rely on a counter-claim by way of defence, you must
file a copy with the Clerk of the Court and serve a copy on
the plaintiff or his solicitor twenty-four hours before the time
appointed for the hearing of the suit.

This summons was sued out by the plaintiff [or
, solicitor for the plaintiff].

Summonses for witnesses and for the production of docu-
ments will be issued on application at the office of the Clerk.

—

Form 48 (Reg. 92).

Under “The Mining Act, 1898.”

AFFIDAVIT OF SERVICE OF SUMMONS TO BE INDORSED ON
COURT COPY.

I, [Name, residence, and occupation], do swear that I served
the within-named with a summons, a true copy of
which is within written, marked “A,” together with a copy
of the statement of claim hereunto annexed, marked “B,”
by delivering the same to him personally [If summons served
otherwise than personally, state precisely mode of service] at
, on , the day of , 1 .
[Signature of deponent.]

Sworn at , this day of , 1 ,
before me—
, Warden
[Solicitor of the Supreme Court,
Justice of the Peace, Clerk].

—

Form 49 (Reg. 92).

Under “The Mining Act, 1898.”

SUMMONS TO WITNESS TO PRODUCE.

No. of the year 1 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.

To [Name in full, description, and residence of witness].
You are hereby commanded to attend at the Warden’s Court
of the Mining District, held at , on
the day of , 1 , at the hour of o’clock
in the , to give evidence on behalf of the plaintiff [or
defendant], and then and there to have and produce [State
any particular documents required], and all other books,
papers, writings, and other documents relating to the said
action which may be in your custody, possession, or power.
Herein fail not at your peril.

Given under my hand and the seal of the Court, at ,
this day of , 1 .
, Clerk.

—

Form 50 (Reg. 92).

Under “The Mining Act, 1898.”

SUMMONS TO WITNESS TO APPEAR.

No. of the year 1 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.

To [Name in full, description, and residence of witness].
You are hereby commanded to attend at the Warden’s Court
of the Otago Mining District, held at , on
the day of , at the hour of o’clock in
the , to give evidence on behalf of the plaintiff [or
defendant]. Herein fail not at your peril.

Given under my hand and the seal of the Court, at ,
this day of , 1 .
, Clerk.

—

Form 51 (Reg. 92).

Under “The Mining Act, 1898.”

DEMAND FOR ASSESSORS.

No. of the year 1 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.

TAKE notice that I, A.B., the above-named plaintiff [or C.D.,
defendant, as the case may be], hereby demand that this suit
be tried by Assessors pursuant to the provisions of “The
Mining Act, 1898.”

Dated at , this day of , 1 .
A.B. [or C.D.]
[or A.B., or C.D., by his
solicitor E.F.].

To the Clerk, .

—

Form 52 (Reg. 92).

Under “The Mining Act, 1898.”

CLERK’S NOTICE TO PARTIES OF TRIAL BY ASSESSORS.

No. of the year 1 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.

TAKE notice that this case will be tried by Assessors, the
plaintiff [or defendant, as the case may be] having demanded
a trial by Assessors.

Dated this day of , 1 .
C.D.,
Clerk of the Court.

To the plaintiff [or defendant, as the case may be] [Address,
description, &c.].

—

Form 53 (Reg. 92).

Under “The Mining Act, 1898.”

SUMMONS TO ASSESSOR.

No. of the year 1 .
In the Warden’s Court of the Mining District,
held at .

You are hereby summoned to appear and serve as an Assessor
in this Court at the [Courthouse] on the day of
, 1 , at the hour of in the noon,
upon the trial of the cause or causes to be taken and tried by
Assessors.

In default of attendance you will be liable to a penalty
not exceeding five pounds.

Dated this day of , 1 .
C.D.,
Clerk of the Court.

To .

—

Form 54 (Reg. 92).

Under “The Mining Act, 1898.”

ORDER FINING AN ASSESSOR FOR NON-ATTENDANCE.

In the Warden’s Court of the Mining District,
held at .

WHEREAS was duly summoned to appear and serve
this day as an Assessor in this Court upon the trial of the
cause or causes to be tried by Assessors at this Court : And
whereas he has neglected, without sufficient cause shown, to
appear and serve as an Assessor at this Court : It is hereby
ordered that he shall forthwith [or on the day of
, 1 ] pay to the Clerk of this Court at
a fine of £ for such neglect.

Dated this day of , 1 .
, Warden.

Hours of attendance at the office of the Clerk [Place of
office] : From until , except on [Here insert the
days of the week on which the office will be closed], when the
office will be closed.

—

Form 55 (Reg. 92).

Under “The Mining Act, 1898.”

OATH OF ASSESSORS.

I, A.B., do swear well and truly to try and determine the
matters which shall be brought before me, and a true deci-
sion to give, according to the evidence. So help me God.

—

Form 56 (Reg. 92).

Under “The Mining Act, 1898.”

DECLARATION OF ASSESSOR IN LIEU OF OATH.

I, A.B., do solemnly, sincerely, and truly affirm and declare
that I will well and truly try and determine the matters
which shall be brought before me, and a true decision give
according to the evidence.