3330
THE NEW ZEALAND GAZETTE.
[No. 107

103. When a minor shall elect some person or persons other than his or her next-of-kin, as guardian for the purpose of a suit, or when an infant (under age of seven years) becomes a party to a suit, application founded on affidavit is to be made to the Registrar, who will assign a guardian to the minor or infant for such suit.

104. It shall not be necessary for a minor who, as an alleged adulterer, is made a co-respondent in a suit, to elect a guardian, or to have a guardian assigned to him for the purpose of conducting his defence.

PERSONS OF UNSOUND MIND.

105. A committee duly appointed of a person found by inquisition to be of unsound mind may take out a citation and prosecute a suit on behalf of such person as a petitioner, or enter an appearance, intervene, or proceed with the defence on behalf of such person as respondent. If no committee has been appointed, a guardian ad litem may be appointed for the purpose of prosecuting, intervening in, or defending the suit on behalf of the person of unsound mind, and the provisions of Rules 68, 69, 71, 72, 73, 74, and 75 of the Code of Civil Procedure in the Supreme Court shall apply, mutatis mutandis, to the appointment of such guardian ad litem. If the opposite party is already before the Court when application is made for the appointment of a guardian, he or she shall be served with notice of the intended application.

WITNESSES.

106. The provisions of Rules 173 to 178, inclusive, of the Code of Civil Procedure in the Supreme Court shall apply, mutatis mutandis, to proceedings under the Act.

WRITS OF ATTACHMENT.

107. Writs of attachment shall only be issued by the Registrar on the order of the Court, or a Judge thereof.

108. A person in custody under a writ of attachment may for good cause shown be discharged from custody by the Court, or a Judge thereof, or, in the absence of the Judge, by a Registrar.

CERTAIN PROVISIONS OF CODE OF CIVIL PROCEDURE ADOPTED.

109. The provisions of the Code of Civil Procedure in the Supreme Court with regard to the undermentioned matters shall apply, mutatis mutandis, to all proceedings under the Act, that is to say,—
     (a.) Interrogatories and discovery and inspection of documents (Rules 155 to 167, except Rule 157).
     (b.) Affidavits (Rules 185 to 209, except Rule 186).
     (c.) Motions (Rules 394 to 413H).
     (d.) Applications in Chambers (Rules 416 to 426).
     (e.) Taxation of costs (Rules 569 to 574).
     (f.) Time (Rules 589 to 594).
     (g.) Taking security (Rule 595).
     (h.) Shape, writing, &c., of documents to be filed (Rule 597A).
     (i.) Non-compliance (Rule 599).
     (j.) Vacations and holidays (Rules 600 to 602).
     (k.) Cases not provided for (Rule 604).

CHANGE OF SOLICITOR.

110. Any party to a cause shall be at liberty to change his or her solicitor without any order for that purpose upon notice of such change containing an address for service within three miles of the registry being filed in such office; but until such notice is filed and a copy thereof served on the other parties in the cause, the former solicitor shall be considered the solicitor of the party.

COSTS.

111. The costs of all suits and proceedings shall be allowed according to the scale of costs contained in the Second Schedule to the Act.

WIFE’S COSTS.

112. After the pleadings have been concluded, a wife, who is a petitioner, or has entered an appearance as respondent in a cause, may file her bill of costs for taxation against her husband, and the Registrar may tax the same, and shall also ascertain and report to the Court