April 1.] THE NEW ZEALAND GAZETTE. 1011

8. Notice of Intention to defend an Action; Leave to defend an Action; Notice of Special Defence.

The notice of intention to defend an action required to be filed in accordance with section 3 of “The Magistrates’ Courts Amendment Act, 1909,” shall be in the Form No. 124. It shall be the duty of every Clerk to obtain a sufficient number of this form, and to issue it to a defendant in an action when applied to either personally or in writing. A defendant, having failed to file notice of his intention to defend an action, shall not be allowed to do so except by leave of the Court, upon special grounds which shall be stated in the application in the Form No. 125.

Notice of the intended application shall be filed with the Clerk on or before the day appointed for the hearing of the action, and a copy thereof served on the plaintiff in the Form No. 126.

If leave is granted to defend the action the order may be in the Form No. 127, and if dismissed the order may be in the Form No. 128 or to the like effect.

Where a defendant desires to set up a defence of infancy, coverture, the Statute of Limitations, or a discharge in bankruptcy he shall give notice in the Form No. 36.

9. Record of Foreign Processes.

Whenever a summons is required to be sent to a foreign Court for service, the Clerk shall send therewith a memorandum in the Form No. 9, and shall enter in the Plaint-book, in the columns for the purpose, the date and the name of the foreign Court to which it is sent.

The Clerk shall also send a memorandum in the Form No. 10 with any warrant required to be executed by the Bailiff of any foreign Court, and shall enter in the Warrant-book (Form No. 3) the date and the name of the foreign Court to which it is sent.

The Clerk shall keep a book in the Form No. 4, in which he shall enter all processes received from foreign Courts for service or execution.

10. Civil Record-book.

The Clerk shall, previous to every sitting of the Court, enter in the Civil Record-book in the Form No. 2, in their numerical order, every case the hearing of which is fixed for or stands adjourned to that day. A memorandum of the decision of the Court shall be entered in the Civil Record-book opposite each case, and the Magistrate or Justices hearing each case shall subscribe his or their signature or signatures thereto. The Clerk shall keep an alphabetical Index to the Civil Record-book, and shall make the necessary entries in the said Index at least once in each week.

11. Minute-book.

The Clerk shall keep a book to be known as the “Minute-book,” in which shall be entered minutes of proceedings and orders of an interlocutory nature, of applications to the Magistrate, of orders which a Magistrate is empowered or directed to make under “The Married Women’s Property Act, 1908,” “The Infants Act, 1908,” “The Local Elections and Polls Act, 1908,” or any other Act for the time being in force, and of all miscellaneous matters. The applications, motions, summonses, or other documents shall be numbered in every year according to the order in which they are entered and the page of the Minute-book (e.g., M.B. 21 / Fol. 3/10). The Minute-book shall be demy size, ruled faint blue, and shall be paged and indexed in the Form No. 129.

Where the proceeding or matter of which minute is made relates to an action which commenced with entering a plaint under the Act, such minute shall be headed with the plaint number, and a memorandum shall be made on or attached to the plaint-note of the proceeding or matter, and showing the page of the book where minute of such proceeding or matter is entered.

Where an order is made or proceeding taken under any special Act, the said order or proceeding shall be indexed under heading of such Act.

Every minute or order entered in the Minute-book shall be signed by the Magistrate or Justices before whom the proceeding is taken, or by whom the order is made.

12. Warrant-book.

The Clerk shall keep a book in the Form No. 3, in which he shall enter the particulars as therein provided of all warrants under civil process issued to the Bailiff of his Court, or forwarded to any foreign Court for execution, and in which he shall enter the amounts respectively received on such warrants.

13. Search-book.

The Clerk shall keep a book in the Form No. 5, to be called the “Search-book.” Every application for a search shall be entered therein, and signed by the applicant. The stamp denoting the fee for such search shall be affixed in the Search-book and cancelled by the Clerk.