44. The Judge may make such order as he may think fit, concerning the times, and by what instalments, any sum of money for which judgment shall be obtained shall be paid; and all such money shall be paid into Court unless the Judge shall otherwise direct.

45. Every Order, Decree, or Judgment made by the Court, shall be carried out and enforced in the same manner as any order or judgment of a Resident Magistrate, may be enforced according to the Law for the time being in force for regulating summary proceedings before Justices of the Peace.

46. The Judge may at all times amend all defects and errors in any proceeding in this Court.

47. In default of the payment of any Fees, payment thereof, by order of the Judge, may be enforced by such means as may be employed to recover any sum of money adjudged by the Court to be paid.

48. The Judge, the Clerk, and any other Officer, may refuse to do any act for which a fee shall be demandable, unless such fee shall be first paid.

49. The appeal allowed by Section 25 of the Act shall be in the form of a case, agreed on by both parties or their Solicitors; and if they cannot agree, the Judge of the Warden’s Court, upon being applied to by them or their Solicitors, shall settle the case and sign it, and such case shall be transmitted by the Appellant to the Registrar of the Court of Appeal.

50. The Judge may, in pursuance of the 27th section of the Act, prescribe such additional Regulations as may from time to time be necessary for the orderly transaction of the business of this Court.

Schedule of Forms

1. Complaint

In the Warden’s Court of District, in the Province of Otago, New Zealand.

Be it remembered that upon the day of , 18 , cometh before me the undersigned, Judge of the District Warden’s Court, sitting at in the said Province, A. B., (address, description, &c.) and complains against C. D., (address, description, &c.) Defendant.

1. That (here 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, state each substantively, numbering them 1, 2, 3, &c., as in complaint). Wherefore Complainant claims that the Defendant be adjudged to (here state the nature of the claim or relief sought.)

Stated before me at aforesaid this day of , 18 .

................... Judge.

2. Summons

In the Warden’s Court of Otago, New Zealand District, in the Province of Otago, New Zealand, A. B. (address, description, &c.) Complainant, and C. D. (address, description, &c.) Defendant.

Whereas complaint hath this day been made before me the undersigned, the Judge of the said Court, by A. B. (address, description, &c.) Complainant, against C. D. (address, description, &c.) Defendant.

1. That (here 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, state each substantively, numbering them 1, 2, 3, &c., as in complaint). Wherefore Complainant claims that the Defendant be adjudged to (here state the nature of the claim or relief sought as in the complaint.)

These are therefore to command you the said C. D., in Her Majesty’s name, to be and appear on the day of , 18 , at o’clock in the noon, at the Court-House at before me to answer to the said complaint and demand (in any case falling under Rule 89, in which an interim injunction is claimed, here insert) and in the meanwhile you are hereby enjoined to desist from (here state the matter of injunction distinctly) under the penalty, in case of disobedience of this injunction, contained in the Act.

Given under my hand and Seal this day of in the year of our Lord 18 at in the District aforesaid.

................... Judge.

3. Certificate of Service

I, Bailiff to the Warden’s Court at , do hereby certify that I served mentioned in the within Summons, with a copy thereof, on the day of 18 , between the hours of and noon.

................... E. F.

4. Summons to a Witness

In the Warden’s Court holden at , between A. B., Plaintiff, and C. D., Defendant.

You are hereby required to attend at the Court House in on the day of , 18 , at the hour of in the noon, to give evidence in the above cause, on behalf of (plaintiff or defendant as the case may be), and then to have and produce (state any particular documents required), and all other books, papers, writings and other