Mar. 9.

THE NEW ZEALAND GAZETTE.

709

High Court of the Cook Islands.—Rules of Procedure.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this first day of March, 1916.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section one hundred and eighteen of the Cook Islands Act, 1915, it is enacted that the Governor in Council may make Rules of Court determining the practice and procedure of the High Court of the Cook Islands: And whereas by section one hundred and thirty-one of that Act the Governor in Council is empowered to prescribe a scale of costs and Court fees to be paid in proceedings in that Court: And whereas by section three hundred and eight of the Customs Act, 1913, it is enacted that the Governor in Council may make regulations prescribing the procedure in the said Court in proceedings under the Customs Act, 1913, and modifying in their application to that Court any of the provisions of that Act relative to procedure:

Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, do hereby, in pursuance of the Cook Islands Act, 1915, and of the Customs Act, 1913, and of all other powers and authorities enabling me in that behalf, make the following rules and regulations under those Acts; and, with the like advice and consent, I declare that these rules and regulations shall come into operation on the first day of April, one thousand nine hundred and sixteen.

REGULATIONS.

1. THESE regulations may be cited as the Rules of the High Court, 1916.

2. Every civil proceeding shall be instituted either by way of action, or by way of petition, or by way of motion, in accordance with the following rules.

3. The following proceedings shall be instituted by way of action:—

(a.) Every proceeding for the recovery of debt or damages:

(b.) Every proceeding for the recovery of land or chattels:

(c.) Every proceeding for injunction, prohibition, or mandamus:

(d.) Every proceeding for a decree of divorce or nullity of marriage:

(e.) Every proceeding which by the law for the time being in force in New Zealand must, if instituted in the Supreme Court, be commenced by writ of summons or originating summons.

4. Every proceeding against the Crown shall be commenced by way of petition in accordance with Part IX of the Cook Islands Act, 1915.

5. All other civil proceedings may be commenced by way of motion.

Actions.

6. Every action shall be commenced by filing with a Registrar of the Court a statement of claim intituled “In the High Court of the Cook Islands,” setting forth the names and descriptions of the plaintiff and defendant, the nature of the cause of action, and the relief claimed. Forms similar to those in the First Schedule hereto may be used.

7. On the filing of the statement of claim the Registrar shall thereupon issue, under the seal of the Court, a summons to the defendant in Form 1 of the Second Schedule, requiring the defendant to appear at the trial of the action at the time and place mentioned in the summons. A copy of the statement of claim shall be annexed to the summons.

8. The place of trial to be so appointed in the summons shall be in such island as the Registrar thinks fit, having regard to the residence of the parties to the action, the place where the cause of action has arisen, and any other relevant circumstances.

9. The time and place of the trial of the action shall be determined by the Registrar as he thinks fit, and shall be stated in the summons accordingly.