3324

THE NEW ZEALAND GAZETTE.

[No. 107

APPEARANCE.

24. All appearances to citations are to be entered in the Proceedings
    Book, according to the Form of Entry in the Schedule hereto.

25. An appearance may be entered at any time before a proceeding
    has been taken in default, or afterwards, as hereinafter directed, or by
    leave of the Court, or a Judge thereof.

26. Every entry of an appearance shall be accompanied by an
    address within three miles of the registry.

27. If a party cited wishes to raise any question as to the jurisdiction
    of the Court, he or she must enter an appearance under protest, and
    within eight days file in the registry his or her act on petition, in extension
    of such protest, and on the same day deliver a copy thereof to the
    petitioner. Notwithstanding the entry of an unconditional appearance,
    the Court, or a Judge thereof, shall have power to permit a party to
    raise a question of jurisdiction at any stage of the proceedings.

INTERVENERS.

28. Application for leave to intervene in any cause must be made
    to the Court, or a Judge thereof.

29. Every party intervening must join in the proceedings at the
    stage in which he finds them, unless it is otherwise ordered by the Court,
    or a Judge thereof.

SUITS IN FORMA PAUPERIS.

30. Any person desirous of prosecuting a suit in forma pauperis
    shall lay a case before counsel, and obtain an opinion that he or she
    has reasonable grounds for proceeding.

31. No person shall be admitted to prosecute a suit in forma pauperis without the order of the Court, or a Judge thereof, and, to obtain
    such order, the case laid before counsel, and his opinion thereon, with
    an affidavit of the party or of his or her solicitor that the said case
    contains a full and true statement of all the material facts, to the best
    of his or her knowledge and belief, and an affidavit of the party applying
    as to his or her income or means of living, and that he or she is not
    worth £50 after payment of his or her just debts, save and except
    his or her wearing-apparel, shall be produced at the time such application is made.

32. Where the application is made by a wife to prosecute a suit
    against her husband in forma pauperis she shall also state in her affidavit
    to the best of her knowledge and belief the amount of income
    or means of living of her husband.

33. When a husband has been admitted to prosecute a suit against
    his wife in forma pauperis, the wife may apply for an order that she
    be at liberty to proceed with her defence in forma pauperis on production
    of an affidavit that she has no separate property exceeding £25 in
    value after payment of her just debts.

34. When a wife has been admitted to prosecute a suit against
    her husband in forma pauperis, the husband may apply for leave to
    proceed with his defence in forma pauperis on production of an affidavit
    as to his income or means of living, and showing that, besides
    his wearing-apparel, he is not worth £25 after payment of his just
    debts.

35. Where a husband admitted to sue as a pauper neglects to
    proceed in the cause, he may be called upon to show cause why he
    should not pay costs, though he has not been dispaupered, and why
    all further proceedings should not be stayed until such costs be paid,
    and an order may be made to that effect.

ANSWER.

36. Each respondent who has entered an appearance may, within
    fourteen days after service of citation on him or her if he or she resides
    within twenty miles of the registry, or within twenty-one days
    if he or she resides more than twenty but within fifty miles of such
    office, or within twenty-eight days if he or she resides more than fifty
    miles from such office, file an answer to the petition. A form of answer
    is given in the Schedule hereto.

37. Each respondent shall, on the day he or she files an answer,
    deliver a copy thereof to the petitioner, or to his or her solicitor.