724 THE NEW ZEALAND GAZETTE. [No. 19

128. Every such notice shall be served in the same manner as a writ of summons.

129. The defendant shall, either in such notice or in a subsequent notice similarly served by him upon the same person, inform him of the time and place appointed for the trial of the action.

130. If any person so served with a notice (hereinafter called the third party) desires to dispute the plaintiff’s claim as against the defendant on whose behalf the notice has been given, he must appear before the Court at the trial of the action; and in default of his so doing he shall be deemed to admit the validity of any judgment or order made against the defendant as to any matter which the Court has jurisdiction to decide in the action as between the plaintiff and defendant, whether such judgment or order is made by consent or otherwise. If the third party desires to rely on any grounds of defence, as between the plaintiff and defendant, other than those set out in the defendant’s statement of defence (if any), he must file with the Clerk of Awards and serve upon the plaintiff and defendant a statement of defence setting out the grounds on which he so desires to rely. Such statement must be filed and served within fourteen days after the service of the notice of claim upon the third party, or if the interval before the trial is less than fourteen days, then as soon as practicable after such service and before the trial.

131. If it appears to the Court at the trial that the notice of claim has not been served on the third party in time to enable him to appear at the trial on the day appointed therefor, or that for any other sufficient cause the third party is unable so to appear, the Court may either adjourn the trial on such terms as to costs or otherwise as may be just, or may dismiss the third party from the action and proceed with the trial as if no such notice had been issued or served.

132. If the third party appears at the trial the Court may, if it appears desirable so to do, give him leave to resist the claim of the plaintiff against the defendant, upon such terms as may be just, or to take such part in the action as may be just, and generally may give such directions in the matter as the Court thinks fit; but the third party shall not be permitted, without the leave of the Court granted on special grounds, to raise any defence which has not been set out in a statement of defence filed either by himself or by the defendant in accordance with these Rules.

133. Nothing in the foregoing rules as to third parties shall empower the Court to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the defendant; but whether the third party has appeared at the trial or not, the Court may order that he shall not be entitled in any future proceedings between the defendant and such third party in any Court to dispute the validity of the judgment given in the action between the plaintiff and defendant as to any matter which the Court of Arbitration has jurisdiction to determine as between the plaintiff and defendant.

134. The Court may decide all questions as to costs as between a third party and other parties to the action, and may order any one or more to pay the costs of any other or others, or give such directions as to costs as the justice of the case may require.

135. Where a defendant claims to be entitled to indemnity against any other defendant, a like notice may be issued, and the like procedure shall thereupon be adopted for the determination of questions between the defendants as might be issued and adopted against such other defendant if such last-mentioned defendant were a third party; but nothing in this rule shall prejudice the rights of the plaintiff against any defendant.

136. Where an employer claims under subsection five of section ten of the Act to be entitled to contribution from any other employer he may bring in such other employer as a third party in accordance with Rules 126 to 135, and the provisions of those rules shall with the necessary modifications apply to any such claim to contribution in the same manner as they apply to claims to indemnity. In any such case the Court may, in addition to any powers conferred upon it by the above-mentioned rules, determine the liability of the third party to make contribution to the defendant, and may make an order against the third party for payment of the contribution so determined.

ENFORCEMENT OF JUDGMENTS AND ORDERS.

137. When and as often as any sum of money becomes due and owing under any judgment or order of the Court or of the Judge thereof, the Clerk of Awards of the industrial district in which the action or other proceeding has been commenced shall, on application made to him by the creditor to whom the sum is payable, and on being satisfied by affidavit that the sum is unpaid, issue under the seal of the Court a certificate in the Form No. 11 in the Schedule hereto, and such certificate may be filed by the said creditor in the Supreme Court or in any Magistrate’s Court.

138. Two or more certificates may be so issued and filed at the same time or at different times in different Courts in respect of the same sum of money.

139. When a certificate has been so filed in any Court, the amount specified therein shall be deemed to be due by the debtor to the creditor under a judgment of that Court, given on the day of the filing of the certificate, in an action for the recovery of a debt, and payment thereof may be enforced in all respects accordingly.

140. Such a certificate may be filed in a Magistrate’s Court and shall have full force and effect according to the tenor thereof, although the sum specified therein may exceed the jurisdiction of that Court.

141. If after the filing of any such certificate the judgment or order of the Court of Arbitration or of the Judge thereof in respect of which the certificate was issued is varied or set aside by any subsequent order of that Court or Judge, the certificate shall remain enforceable only so far as it is consistent with such subsequent order.

MOTIONS.

142. Every application to the Court or to the Judge thereof, whether made in the course of an action or without action, other than an application made on the trial of an action or on the hearing of a motion, shall be made by motion in accordance with the following rules.