JULY 3. THE NEW ZEALAND GAZETTE. 1589

(c.) Where it is sought to compel or restrain the performance of
any act in Samoa :
(d.) In a suit for divorce under Part XI of the Samoa Act, 1921.
23. Every application for an order for leave to serve a summons
out of Samoa shall be supported by evidence by affidavit or otherwise,
showing in what place or country the defendant is or probably may be
found, and whether the defendant is a British subject or not, and the
grounds on which the application is made.
24. If in any action a summons has become inoperative by reason
of not being served in due time, or if for any other reason it is con-
sidered expedient to issue a further summons to the same defendant,
a further summons may be issued accordingly in the same manner as
if no previous summons had been issued.
25. No action shall be deemed improperly constituted because of
the joinder of plaintiffs or defendants or of different causes of action ;
but the Court may, in any case in which such joinder is considered
embarrassing or otherwise inexpedient, order any party or cause of
action to be struck out.
26. Where there are numerous persons having the same interest
in an action one or more of them may sue or be sued, or may be
authorized by the Court to defend in such action, on behalf of or for
the benefit of all persons so interested.
27. The Court may at any stage of the proceedings, either upon
or without the application of either party, and on such terms as
appear to the Court to be just, order that the name of any party,
whether a plaintiff or a defendant, improperly joined be struck out,
and that the name of any person who ought to have been joined, or
whose presence before the Court may be necessary to enable the
Court effectually and completely to adjudicate upon and settle all
the questions involved in the action, be added, whether as plaintiff or
defendant.
28. No person shall be added as a plaintiff without his own consent.
29. Infants and lunatics may sue and be sued by a guardian ad
litem admitted for that purpose by the Court.
30. A guardian ad litem may be removed by the Court upon
sufficient cause being shown.
31. In case of the death, retirement, or removal of a guardian
ad litem a fresh guardian shall be appointed by the Court.
32. A guardian ad litem shall not be permitted to retire without
the leave of the Court.
33. The guardian ad litem shall be liable for the costs of the
action.
34. In an action against an infant or a lunatic the statement of
claim may be filed before the appointment of a guardian ad litem, but
no further steps in the action shall be taken until such appointment
has been made.
35. A Judge, Commissioner, Registrar, or Deputy Registrar of the
High Court may in any proceeding before the Court, whether civil or
criminal, issue a summons to any person requiring him to appear before
the Court at the time and place mentioned in the summons, there to
give evidence in that proceeding or to produce any document to the
Court in that proceeding.
36. Any person upon whom any such summons has been served
and who neglects or fails without sufficient cause shown by him to
appear or to produce any document which he is so required to produce,
and any person, whether summoned to attend or not, who, being
present in Court and being required to give evidence or to produce
any document then in his possession, refuses, without sufficient cause
shown by him, to be sworn or to give evidence or to produce that
document, and any person who, having been sworn to give evidence
in any proceeding, neglects or fails without sufficient cause shown by