Creek at its junction with the River Clutha, thence by

\nthe ranges to Rocky Mountain, thence direct to Lorn
\nPeak, the commencing point.
\n
\nAnd I do declare that this proclamation shall come
\ninto operation and take effect on the tenth day of
\nOctober, 1867.
\n
\nGiven under the hand of His Excellency Sir George
\nGrey, Knight Commander of the Most Honorable
\nOrder of the Bath, Governor and Commander-in-Chief
\nin and over Her Majesty’s Colony of New
\nZealand and its Dependencies, and issued under
\nthe Seal of the said Colony at Wellington, this
\nthirteenth day of September, in the year of our
\nLord, one thousand eight hundred and sixty-seven.
\n
\nE. W. STAFFORD.
\n
\nGOD SAVE THE QUEEN!
\n
\nG. GREY, Governor.
\n
\n# ORDER IN COUNCIL.
\n
\nAt the Government House at Wellington, the third day
\nof September, 1867.
\n
\nPresent:
\nHis Excellency the Governor in Council.
\n
\nWHEREAS by an Act of the General Assembly of
\nNew Zealand, intituled "The Gold Fields
\nAct, 1862," it is enacted that it shall be lawful for the
\nGovernor in Council, from time to time, to make, alter
\nand revoke rules regulating the procedure and practice
\nin the Courts to be established under the said Act, and
\nin cases of appeal therefrom, and also to fix the fees to
\nbe taken in respect of proceedings therein: And whereas
\nby Order in Council made the fifteenth day of September, 1863, certain rules regulating the procedure
\nand practice in the Wardens’ Courts within the Province
\nof Otago, and in cases of appeal therefrom, were made,
\nand certain alterations thereof have become advisable:
\n
\nNow therefore, His Excellency the Governor, by and
\nwith the advice and consent of the Executive Council
\nof the Colony, doth hereby henceforth revoke such and
\nsuch parts of the said rules and fees as differ from and
\nare not included in the rules and fees respectively set
\nforth in the Schedule hereunto annexed, and doth hereby
\norder that the rules and fees respectively set forth in
\nthe Schedule hereunto annexed shall be the rules
\nregulating the proceedings and practice in the Wardens’
\nCourts within the Province of Otago, and in cases of
\nappeal therefrom, and shall be the fees to be taken in
\nrespect to proceedings therein.
\n
\nFORSTER GORING,
\nClerk of the Executive Council.
\n
\n# WARDENS’ COURT RULES.
\n
\n## Analysis.
\n
\nSecs.
\n1. Schedule of forms and scale of fees to be part of the rules.
\n2. Interpretation of words in rules.
\n3. Time and place of holding Courts. Adjournments.
\n4. The Clerk of Court.
\n5. Clerk’s deputy.
\n6. Clerk’s duties.
\n7. Parties may appear personally or by solicitor.
\n8. Officers of Court not to practise in the Court.
\n9. Action to be commenced by a complaint and summons.
\n10. Names, &c., of parties to be set forth in complaint and summons.
\n11. Grounds of action to be briefly set forth in complaint and summons.
\n12. Summons may be issued in certain cases against a party out of jurisdiction.
\n13. Service of summons.
\n14. Service may be made by person authorised.
\n15. Summons of witnesses.
\n16. Parties to be heard in open Court. Adjournment of hearing.
\n17. Procedure if complainant do not appear.
\n18. Procedure if defendant do not appear.
\n19. Verdict.
\n
\n20. Judgment upon verdict.
\n21. Minute of every decision to be entered by Judge in a book.
\n22. Costs.
\n23. Costs of witnesses to be at discretion of a Judge.
\n24. Court may order payment by instalments of sums of money.
\n25. Defects and errors may be amended.
\n26. In absence of warden, clerk to adjourn Court.
\n27. Schedule of forms, and table of fees.
\n
\n# WARDENS’ COURTS.
\n
\nRules for regulating the procedure and practice of Wardens’ Courts within the Province of Otago.
\n
\n1. The schedule of forms and scale of fees hereunto annexed shall form part of these rules.
\n
\n2. In construing these rules and forms, the following terms in inverted commas shall bear the several meanings set against them respectively:
\n "The Act." The Goldfields Act, 1866, 30 and 32 Victoria, No. 32
\n "Clerk," "Bailiff." The clerk, bailiff, or other person duly appointed and authorised to act as such respectively.
\n "Oath" shall include affirmation.
\n Words importing the masculine gender only shall include females, and importing the singular number shall be extended to the plural number.
\n
\n3. Every Warden’s Court shall be held at such place and times as the warden may appoint, and he may from time to time adjourn the Court.
\n
\n4. 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 other person or authority to whom or which shall, for the time being, be delegated for the Otago Gold Fields by the Governor all or such of the powers conferred by the Act on the Governor, or the Governor in Council, as may by the said Act be duly delegated by the Governor.
\n
\n5. It shall be lawful for the warden 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.
\n
\n6. 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.
\n
\n7. The parties in every complaint, action, or proceeding, shall appear and act personally, or by a barrister or solicitor of the Supreme Court, and not otherwise, unless under special circumstances the warden permits any party to appear by an agent, not being a barrister or solicitor.
\n
\n8. 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.
\n
\n9. Every action shall be commenced by a complaint and summons in the form or to the effect in the Schedule hereto annexed.
\n
\n10. 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.
\n
\n11. In every complaint and summons there shall be set forth briefly but distinctly and explicitly, the ground