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WARDENS’ COURTS.

RULES FOR REGULATING THE PROCEDURE AND PRACTICE OF WARDEN’S COURTS WITHIN THE PROVINCE OF OTAGO.

1. The Schedule of Forms and Scale of Fees hereto annexed shall form part of these Rules.

2. In construing those Rules and Forms, the following terms in inverted commas shall bear the several meanings set against them respectively:

"The Act" The Gold Fields Act, 1858 (21 and 22 Victoria, No. 74.)

"Clerk," "Bailiff," The Clerk, Bailiff, or person duly appointed and authorised to act as such respectively.

"Oath" shall include affirmation.

Words importing the masculine gender only shall include females; and importing the singular number shall be extended to the plural number.

3. Every Warden’s Court shall be holden at such place and times as the Judge shall appoint, and he may from time to time adjourn the Court.

4. There shall be for every Warden’s Court a Clerk who shall be appointed by and hold office during the pleasure of the Governor or the Superintendent, or other person duly delegated by the Governor to exercise such power under the Act.

5. It shall be lawful for the Judge of the Court to appoint a Deputy to act for the Clerk as often as he shall be prevented by illness or other cause from acting in his office, and an entry of such appointment and the cause of the Clerk’s absence, shall be made in the Minute Book of the Court.

6. The Clerk of Court shall issue all Summonses, Warrants, and Writs of Execution, keep an account of all proceedings, take charge of and keep an account, in a book to belong to the Court, of all fees and fines payable or paid into Court, and of all monies paid into and out of Court, adjourn the Court to any day he may deem convenient when from any cause a Court cannot be held on the day appointed, and shall do and perform all other acts and duties properly incident to the office of Clerk.

7. There shall also be a Bailiff of Court, who shall be appointed by and hold office during the pleasure of the Judge thereof.

8. The Bailiff shall attend the Sittings of the Court, unless when his absence shall be allowed by the Judge, and shall, when required, serve all Summonses and Orders, and execute all the Warrants and Writs issued out of the Court, and in other respects shall be subject to the directions of the Judge.

9. The parties in every Complaint, Action, and Proceeding, shall appear and act personally or by a Barrister or Solicitor of the Supreme Court, and not otherwise, unless under special circumstances the Judge permits any party to appear by an agent, not being a Barrister or Solicitor.

10. No Officer of the Court shall, either by himself or by any partner or person in his employment, be directly or indirectly engaged as Counsel, Attorney, or Agent for any party in any proceeding in the Court.

11. Every action shall be commenced by a complaint and summons in the form or to the effect in the Schedule hereto annexed.

12. In the Complaint and Summons there shall be set forth the Christian and Surname, and place of abode and calling, and description of the Complainant, and likewise of the Defendant; but when the Christian and Surname of the latter are not known, he may be designated by any name or names which he may have acquired by usage or reputation.

13. In every Complaint and Summons there shall be set forth briefly but distinctly and explicitly the ground or cause of complaint; and if there be more than one ground or cause of complaint, each shall be stated substantively, and consecutively numbered, and there shall also be set forth the recovery or relief claimed.

14. Such Summonses may be issued against any Defendant residing or being within the District within which the Court has jurisdiction (but not out of the Province) provided it clearly appear from the complaint that the cause of action is otherwise within the jurisdiction of the Court.

15. The service of any Summons shall be by delivering a copy of the same to the Defendant (or if more than one, to each of them) personally; or if he cannot be found, by leaving such copy at his place of abode; or in case of co-partners, at the Claim, Station, or other place of business of the firm.

16. The Summons may be served by the Bailiff or by any other person whom the Court may authorise, and he shall by a certificate under his hand certify the time and mode of such service, to be endorsed on the Summons without prejudice to the Judge taking proof thereof by oath if he think fit.

17. Either party may obtain from the Clerk of Court Summonses to Witnesses.