726
THE NEW ZEALAND GAZETTE.
[No. 19

161. At the foot of the petition there shall be subscribed a memorandum stating whether it has been filed by the petitioner in person or by a solicitor on his behalf.

162. The memorandum shall also state the petitioner’s address for service in the same manner and subject to the same provisions as in the case of a writ of summons.

163. A copy of the petition, under the seal of the Court, shall be delivered by the petitioner at the office of the Solicitor-General, and such delivery shall be equivalent to service of the writ and statement of claim in an ordinary action.

164. The Attorney-General or Solicitor-General, or some solicitor appointed by the Attorney-General for this purpose, may file with the Clerk of Awards of the industrial district in which the suit has been commenced a statement of defence to such petition, in the Form No. 14 in the Schedule hereto, at any time within fourteen days after delivery of a copy of the petition at the office of the Solicitor-General as aforesaid, or within such further time as the Court or the Judge thereof may allow.

165. The statement of defence shall have subscribed thereto a memorandum stating by whom it has been filed, and also stating an address for service, which shall be not more than three miles from the office of the Clerk of Awards in which the petition has been filed.

166. Save so far as herein or in the Act expressly provided, the procedure in any suit so instituted by petition shall be the same in all respects as in an ordinary action between private persons under the Act and these Rules.

167. The Court or the Judge thereof, as the case may be, shall give the same judgment or orders in any such suit as would be given in an action between subject and subject, and the costs of suit may be allowed on either side as in ordinary cases between other suitors.

168. When any judgment or order is made in any such suit for the payment of money by the Crown, the Registrar of the Court shall give to the petitioner under the seal of the Court a certificate setting forth the purport of such judgment or order, but no certificate shall be issued and filed in any other Court under Rule 137 hereof in respect of any judgment or order so given or made against the Crown.

Costs.

169. When an order has been made under section thirty-seven of the Act allowing costs to the solicitor of any client who is entitled to compensation, the Judge of the Court may by the same or any subsequent order direct that the solicitor shall be entitled to a lien for those costs on the amount so payable as compensation, and that he shall be entitled to deduct the costs from that amount in such manner and by such instalments (if any) as the Judge thinks fit.

170. On any such order being made, the person liable to pay the compensation shall on demand pay to the solicitor the amount to which he is entitled in pursuance of the order, but so that such person shall not be liable to pay any amount in excess of that which he is liable to pay for compensation, or to pay such amount by any greater instalments than those by which he is liable to pay such compensation.

171. If the person liable to pay the compensation fails to pay any amount which he is so liable to pay to the solicitor, the amount may be recovered from him by the solicitor as a debt in any Court of competent jurisdiction.

172. Any payment so made to a solicitor by the person liable to pay the compensation shall be a valid discharge to him as against the person entitled to the compensation to the extent of the amount so paid.

173. When the amount of the compensation or any part thereof has been paid into Court the Judge may order that any costs to which the solicitor is so entitled shall be paid to him out of the sum so paid into Court.

174. When any costs are awarded against any person to whom compensation is or becomes payable by the person entitled to those costs, the Court or the Judge thereof may order that those costs shall be set off against the compensation so payable, and shall be deducted therefrom in such manner and at such time or times as the Court or the Judge thinks fit.

175. The Court or the Judge thereof may in any proceeding order the whole or any part of the costs of that proceeding to be paid by any party thereto, even though that party is successful in the proceeding.

176. Where in pursuance of the Act or these Rules the Court or the Judge thereof makes an order for the payment of costs, the amount of the costs so awarded shall be ascertained and stated in the order.

177. If any action is brought or application made which the Court or the Judge thereof, as the case may be, has no jurisdiction to try or allow, the Court or Judge shall order the action or application to be dismissed, but may award costs in the same manner as if jurisdiction had existed.

SERVICE.

178. In cases where personal service is not required, and where no other provision is made in these Rules, all notices and documents required to be served on any person shall be served in manner provided by the following six rules.

179. Where the person to be served sues or defends by a solicitor or is represented by a solicitor, they shall be delivered to or left for the solicitor at his address for service (if any), or in cases where there is no address for service, at his office or place of business.

180. Where the person to be served sues or defends in person or is not represented by a solicitor, they shall be delivered to him or left for him at his address for service (if any), or in cases where there is no address for service, at his residence with his wife or a domestic servant, or any person whose business it is or who has authority from him to receive messages and convey or forward them to him.