1014

THE NEW ZEALAND GAZETTE.

[No. 30

To such confession in accordance with section 100 of the Act, the Clerk may, at his
request, sign a notice to the plaintiff in Form No. 30, which may be served on
the plaintiff, with a duplicate of the confession signed by the defendant attached.
If the plaintiff then signs thereon his consent to the condition, and his signature
is witnessed by a Magistrate, Clerk of Court, Justice of the Peace, or solicitor not
engaged in the action, and the confession so signed and witnessed is returned
to the Clerk by post or otherwise, then judgment may be at once entered up and
signed by the Clerk of the Court without further attendance of the parties. No
fee shall be payable for lodging the written confession or consent to judgment
with the Clerk.

If the relief claimed by the plaintiff is payment of a liquidated demand in
money, and the defendant does not file notice that he intends to defend the action
within the time limited in section 3 of “The Magistrates’ Courts Amendment Act,
1909,” the plaintiff may upon the written application in the Form No. 133 to the
Court, on the day appointed for the hearing of the action, apply to have judgment
entered by default for any sum not exceeding the sum claimed in his statement of
claim, and the sum to which he is entitled for costs up to the date of hearing. Upon
the plaintiff appearing on the date of hearing, and lodging Form No. 133, and
paying the prescribed fee for entering judgment by default, the Court shall enter
up judgment, and it will not be necessary for the plaintiff to wait until the judgment
is so entered. The case need not be called out in Court. No fee shall be payable
for lodging Form No. 133 with the Clerk.

NOTE.—The following are instances of claims for a liquidated demand in money
on which a plaintiff may proceed under the last paragraph, namely : Claims on simple
contract debts, or on bills of exchange, promissory notes, cheques, or on bond or
contract under seal for payment of a liquidated amount of money, or on statute
where the sum sought to be recovered is a fixed sum of money, or in the nature
of a debt, or on a guarantee, whether under seal or not, when the claim on the
guarantee against the principal is in respect of such debt, or liquidated demand,
bill, cheque, or note.

• In paying money into Court the defendant shall sign in duplicate the notice
thereof in such one of the Forms Nos. 31 or 32 as may be appropriate. The Clerk
shall thereupon note the fact of such payment and attach the original notice to the
plaint-note, and the duplicate shall be served on the plaintiff. If the plaintiff gives
notice the day before the hearing of the acceptance of part of a claim so paid into
Court, in the Form No. 25, the action shall cease. If the plaintiff does not accept, in
satisfaction of the cause of action in respect of which the payment into Court has been
made, the sum so paid in, but proceeds with the action in respect of such cause of
action or any part thereof, the money shall remain in Court and be subject to the
order of the Court, and shall not be paid out of Court except in pursuance of a
direction of the Magistrate or Justices.

24. Production of Documents.

Notice to admit or produce documents may be according to the Forms Nos. 44
to 47, with such variations as circumstances may require. An affidavit by the
party, his solicitor, or the clerk of either, of the service of any notice to admit
or to produce, shall in all cases be sufficient prima facie evidence of the service
of the notice and of the time when it was served. Application may be made to
the Magistrate at any convenient time in Chambers for an order under section 83
of the Act. Such order may be in the Form No. 43.

25. Discontinuance.

The memorandum or notice of discontinuance provided for in section 106 of the
Act shall be in one of the Forms Nos. 37 or 38, and shall be signed by or on behalf
of the party or parties to the action.

On any such notice being filed, signed on behalf of both parties to the action,
a discontinuance shall be entered up and signed by the Clerk of the Court forthwith;
but if such notice is signed on behalf of the plaintiff only, discontinuance shall not
be entered until the day appointed for the hearing, and costs may then be awarded
by the Court on the application of the defendant. If no application is made for costs
on the day of hearing the defendant shall be deemed to have abandoned his claim to
them.

26. Striking-out of Action, and Reinstatement: Costs thereupon.

If at the time and place of hearing, or at any continuation or adjournment of the
Court or action, neither party appears, the action shall be struck out, but may
be reinstated on the application of the plaintiff made on the same day without notice
to the defendant; but where the Court orders the action to be reinstated after
the defendant has appeared, the notice to the defendant may be in the Form
No. 54, or in such form as the Court orders, and such notice, unless the Court
otherwise orders, shall be served two clear days at least before the day to which
the hearing is adjourned.

This rule shall apply, mutatis mutandis, to applications for the examination of
witnesses in accordance with section 87 of the Act. If any such application is struck