1588
THE NEW ZEALAND GAZETTE.
[No. 46

to the defendant in Form 1 in the Second Schedule hereto, 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.

9. The place of trial to be so appointed in the summons shall be
   in such place 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.

10. 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.

11. As against any defendant who consents to trial without summons, an action duly commenced by the filing of a statement of claim
    may be tried and determined without the issue or service of any
    summons.

12. No pleadings other than the statement of claim shall be
    required in any action where the amount involved does not exceed the
    sum of £200. Where the amount involved exceeds the sum of £200 the
    plaintiff may, on filing his statement of claim, apply ex parte for an
    order directing the defendant to file a statement of defence, and the Court
    may order the defendant to file a defence to the claim within such time
    as shall be stated in such order. A sealed copy of such order, together
    with a sealed copy of the summons and the statement of claim, shall be
    served on the defendant.

13. The Court may require a plaintiff at or before the trial of
    the action to file a fuller and more explicit statement of his claim, and
    may stay further proceedings in the action until this has been done.

14. A plaintiff may at any time before or during the trial amend
    his statement of claim with the leave of the Court.

15. The summons to a defendant may, as the Registrar thinks
    fit, be served either by an officer of the Court or by the plaintiff or his
    agent. Proof of service may be made either by affidavit or by a
    witness at the trial.

16. The summons shall be served on the defendant in person.
    Where there are more defendants than one, a separate summons shall,
    except in the case of a firm of partners, be issued and served on each
    defendant.

17. The summons may be served upon a corporation by leaving
    the same at any place of business of the corporation.

18. When partners are sued as partners they may be sued either
    in the firm-name or in the names of the partners, and in either case
    the summons may be served by delivering it to any one of the partners
    or by leaving it at any place of business of the firm.

19. When a defendant is not in Samoa but has in the territory
    an attorney or agent authorized to defend actions on his behalf, the
    summons may by leave of the Court be served upon such attorney or
    agent.

20. The summons may be served anywhere in Samoa, but not
    elsewhere except in accordance with the provisions hereinafter contained for service outside Samoa.

21. If it appears to the Court that reasonable efforts have been
    made to effect service of the summons, and either that the summons
    has come to the knowledge of the defendant or that prompt personal
    service thereof cannot be effected, the Court may order that the
    plaintiff be at liberty to proceed as if personal service had been
    effected, subject to such conditions as the Court thinks fit to impose.

22. A summons may be served out of Samoa by leave of the
    Court—

(a.) Where the cause of action or some material part thereof has
arisen in Samoa :

(b.) Where the subject-matter of the action is property situated
in Samoa :