718
THE NEW ZEALAND GAZETTE.
[No. 19

WRIT OF SUMMONS.

4. Every action brought in the Court of Arbitration in pursuance of the Act shall be commenced by a writ of summons in the Form No. 3 in the Schedule hereto, or in a form to the like effect.

5. Every such writ shall be issued out of the office of the Clerk of Awards of the industrial district in which the action must be commenced in accordance with the rules in that behalf hereinafter contained.

6. All such writs issued in the same industrial district shall be numbered consecutively in the order of their issue.

7. The writ shall be dated as of the day of its issue, and shall be sealed with the seal of the Court.

8. The writ when sealed shall be deemed to be issued, and the date thereof shall be deemed to be the date of the commencement of the action.

9. The plaintiff’s statement of claim shall be annexed to the writ before it is sealed.

10. The writ of summons shall be prepared by the plaintiff or his solicitor, and shall be tendered to the Clerk of Awards, who shall seal the same and as many duplicates thereof as are required for service.

11. The original writ and statement of claim shall be retained by the Clerk of Awards and filed in his office.

12. At the foot of the writ there shall be subscribed a memorandum stating whether the writ has been issued by the plaintiff in person or by a solicitor on his behalf.

13. The memorandum shall also state a place to be called the address for service, where the plaintiff, if he sues in person, or his solicitor, if he sues by a solicitor, may be served with notices and other written communications.

14. Such address for service shall not be more than three miles from the office of the Clerk of Awards of the industrial district in which the writ is issued.

15. No solicitor shall issue a writ on behalf of a plaintiff or file a statement of defence for a defendant until he has filed with the Clerk of Awards either a warrant in that behalf in the Form No. 4 in the Schedule hereto, signed by the plaintiff or defendant, as the case may be, or by his agent thereunto duly authorised, or a declaration signed by the solicitor that he is authorised to act as solicitor in the action on behalf of the plaintiff or defendant. But where any such declaration is filed it shall be the duty of the solicitor to file, in addition thereto, such a warrant as aforesaid as early as may be afterwards.

16. There shall be indorsed on the back of the writ the notices to defendants purporting to be indorsed on the form of writ in the Schedule hereto.

17. The writ shall specify the name, residence, and calling of each plaintiff and defendant: Provided, however,—

    (1.) That any party may be designated in the writ by any name which he has acquired by usage or reputation;

    (2.) That any person carrying on business in the name of a firm apparently consisting of more than one person may be designated by the name of that firm;

    (3.) That any two or more persons carrying on business in partnership in the name of a firm may be designated in the writ by the name of the firm;

    (4.) That if the plaintiff at the time of issuing the writ is ignorant of the defendant’s place of residence or calling, it shall be sufficient to describe him as “last known of [Naming his last known residence],” and to state his last known calling;

    (5.) That in an action against the owners of a ship not registered in New Zealand the defendants may be sufficiently designated as “The owners of the ship [Naming her]” without naming or further describing them.

18. The writ shall not be set aside for any misnomer or inaccurate description of the plaintiff or of the defendant.

SERVICE OF WRIT.

19. The writ shall be served on the defendant in person, or, if there are more defendants than one, on each defendant in person.

20. Service may be effected by delivering to the defendant a duplicate of the writ, with a copy of the plaintiff’s statement of claim thereto annexed, or by bringing it to the defendant’s notice if he refuses to receive it.

21. When a solicitor has undertaken in writing to accept service on behalf of any defendant or defendants, such defendant or defendants may be served by delivering at the office of the solicitor, for all the defendants for whom he accepts service, one duplicate of the writ, with a copy of the plaintiff’s statement of claim annexed.

22. The writ may be served by the plaintiff, or any person whom he employs for that purpose, or by the proper officer of the Court, and service may be proved on oath before the Court, or by affidavit in the Form No. 5 in the Schedule hereto.

23. If at the office of the Clerk of Awards an officer has not been appointed to serve writs, the writ shall be served by the plaintiff or any person he appoints.

24. When the writ is to be served by an officer of the Court, the plaintiff or his solicitor, at the time of applying for the writ, shall deliver to the proper officer as many duplicates of the writ, with copies of the statement of claim, as there are defendants to be separately served.

25. The writ shall be served within four months from the day of the date thereof, including the day of the date of the writ.

26. Service of the writ on Sunday, Christmas Day, New Year’s Day, or Good Friday shall be void.