Mar. 6.] THE NEW ZEALAND GAZETTE. 723

106. Where any order is made for the examination of witnesses in New Zealand a summons may be issued for the attendance of any such witness, or for the production of documents by him, in the same form and manner, subject to all necessary modifications, as in the case of witnesses summoned to give evidence before the Court, and all the provisions of the following rules respecting witnesses summoned to attend the Court shall extend and apply accordingly.

107. On the application of any party the Clerk of Awards of the industrial district in which the action was commenced shall issue a summons to any person to appear and give evidence before the Court.

108. Every such summons shall be in duplicate, and shall bear the seal of the Court. One of the duplicates shall be retained by the Clerk of Awards and the other shall be delivered to the applicant for service.

109. Service of any such summons shall be effected by delivering a copy to the witness, and at the same time producing the original for his inspection if so required by him.

110. Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.

111. Every such summons may be in the Form No. 8 in the Schedule hereto, with or without a clause requiring the production of books, deeds, papers, and writings in the possession or under the control of the witness.

112. Every witness attending the Court upon such a summons shall be entitled to a sum for his expenses and loss of time in accordance with the scale for the time being in force in the Magistrate’s Court under the Magistrates’ Courts Act, 1908.

113. A witness who resides more than two hundred miles from the place of trial shall not be compellable to attend personally at the trial, unless the Court or the Judge thereof, on the application ex parte of any party, otherwise orders.

114. Paragraph (f) of section eighty-three of the Industrial Conciliation and Arbitration Act, 1908 (respecting witnesses failing to obey the summons of the Court), shall extend and apply to witnesses summoned under these Rules in the same manner as to witnesses summoned under the said Act.

115. The Court or the Judge thereof may take evidence on oath or affirmation, and for that purpose any member of the Court, or any Clerk of Awards, or the Registrar of the Court, or any other person acting under the express or implied direction of the Court or of the Judge thereof, may administer an oath or affirmation.

PLACE, TIME, AND MODE OF TRIAL.

116. When the writ of summons in any action has been served, and the time therein limited for filing the statement of defence has expired, the Clerk of Awards shall send to the Judge of the Court a copy of the statement of claim, together with a copy of the statement of defence (if any), and the Judge shall thereupon appoint a time and place for the trial of the action, and shall notify the Clerk of Awards of the time and place so appointed.

117. The place so appointed shall be within the industrial district in which the action has been commenced, unless the Judge for special reasons thinks fit to appoint a place outside that district.

118. The Clerk of Awards shall forthwith send to the plaintiff a notice, in the Form No. 9 in the Schedule hereto, of the time and place so appointed for the trial, and shall also send a like notice to the defendant, if a statement of defence has been filed by him.

119. At any time and from time to time before the trial the Judge of the Court may, on his own motion or on the application of either party, appoint any other place or time for the trial, and notice of such appointment shall be given to the parties in manner aforesaid.

120. The action being called on at the time of trial, if neither party appears, the Court shall order it to be struck out, but may order it to be reinstated on good cause being shown by either party, and subject to such terms as the Court thinks just.

121. If the plaintiff appears and the defendant does not appear, the plaintiff shall prove his cause of action so far as the burden of proof lies on him.

122. If the defendant appears but the plaintiff does not appear, the defendant, if he does not admit the claim, shall be entitled to judgment dismissing the action.

123. Any judgment obtained where one party does not appear at the trial may be set aside or varied by the Court upon such terms as may seem fit, on application within five days after the trial.

124. The plaintiff in any action may at any time before judgment has been given elect to be nonsuited, and the Court may nonsuit the plaintiff without his consent. After a nonsuit the plaintiff shall not be debarred from proceeding again to trial on the same statement of claim, all the costs of the first trial having been first paid, and the Judge of the Court on the application of the plaintiff may fix a time and place for such trial.

125. Where the plaintiff fails to prosecute his action or any part thereof to hearing, the defendant may move to dismiss the action, and the Court may on such motion make such order as may be just.

NOTICE TO PARTIES AGAINST WHOM INDEMNITY IS CLAIMED.

126. If in any action the defendant claims that if compensation is recovered from him he will be entitled under section thirteen or section forty-four of the Act or under any policy of insurance to indemnity against any person not a party to the action, he may file with the Clerk of Awards of the industrial district in which the action has been commenced a notice of his claim in the Form No. 10 in the Schedule hereto.

127. The Clerk of Awards shall seal a duplicate of such notice and deliver it to the defendant, who shall serve the same, together with a copy of the statement of claim in the action, upon the person against whom the claim of indemnity is made.