419

WARDEN’S COURT.

RULES.

ANALYSIS.

Secs.

1. Schedule of Forms and Scale of Fees to be part of the Rules.
2. Interpretation of words in Rules.
3. Time and place of holding Courts. Adjournments.
4. The Clerk of Court.
5. Clerk’s Deputy.
6. Clerk’s Duties.
7. The Bailiff.
8. His duties.
9. Parties may appear personally, or by Solicitor.
10. Officers of Court not to practice in the Court.
11. Action to be commenced by a complaint and summons.
12. Names, &c., of parties to be set forth in complaint and summons.
13. Grounds of action to be briefly set forth in complaint and summons.
14. Summons may be issued in certain cases against a party out of jurisdiction.
15. Service of summons.
16. Service to be made by the Bailiff or other person authorised.
17. Summons of witnesses.
18. Parties to be heard in open Court. Adjournment of hearing.
19. Procedure if complainant do not appear.
20. Procedure if defendant do not appear.
21. Re-hearing.
22. Procedure if both parties appear.
23. View.
24. The Judge to be sole Judge, except in cases where Assessors or Jurors are appointed.
25. The Assessors or Jurors to consist of four persons of full age.
26. Summons to Assessors or Jurors.
27. Assessors or Jury List, how to be made and Jury chosen.
28. Number to be summoned.
29. Mode of service of Summons.
30. Jury to be reduced to four by challenge.
31. Jury to be sworn.
32. Payment to Jurors.
33. Procedure if either party refuse to challenge Jury.
34. The evidence on the trial to be only of the causes of action or defence.
35. Verdict.
36. Judgment upon verdict.
37. Minute of every decision to be entered by Judge in a book.
38. Injunctions.
39. Costs.
40. Judge to direct what number of Witnesses to be allowed.
41. Costs of Witnesses to be at discretion of Judge.
42. Costs to Complainant’s Solicitor.
43. Costs to Defendant’s Solicitor.
44. Court may order payment by instalments of sums of money for which judgment given.
45. Mode of enforcing decrees of Court.
46. Defects and errors may be amended.
47. Fees.
48. Pre-payment of Fees.
49. Appeal.
50. Judge may make additional Rules.

Schedule of Forms.

WARDENS’ COURTS.

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

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

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

"The Act." The Gold Fields Act, 1862. (26 Victoria, No. 21.)

"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 held 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.