[THE NEW ZEALAND GAZETTE]

249

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.

12. Such summonses may be issued against any
    defendant residing or being without the district within
    which the Court has jurisdiction, provided it clearly
    appear from the complaint that the cause of action is
    otherwise within the jurisdiction of the Court.

13. 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.

14. The summons may be served by any person
    whom the warden 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 warden, taking proof thereof by oath if
    the thing fit.

15. Either party may obtain from the clerk of Court,
    summonses to witnesses, to be served at the option of
    such party, either by himself as his agent, or by the
    bailiff of the Court.

16. The parties shall be heard in open Court upon
    the day appointed, but the warden may adjourn the
    hearing of any cause in such manner and on such terms
    as to payment of costs or otherwise, as to him may seem
    fit.

17. If the complainant do not appear at the time
    appointed, and good cause for his absence be not shown,
    the warden will dismiss the complaint, and award a sum
    to the defendant as costs, or adjourn the hearing of the
    same.

18. If the defendant do not appear, the Court may
    either hold him as confessing the claim, and give judgment accordingly, or institute such inquiry into the
    cause of action as may be deemed necessary, and thereupon pronounce such decision as may be consistent with
    the ends of justice.

19. Every judgment entered up in pursuance of the
    verdict of assessors, shall have the same force and effect
    as if such judgment were entered in pursuance of the
    determination of the judgment of the Court alone.

20. A minute of every decision shall be entered by
    the warden, in a book to be kept for that purpose, and
    shall be signed by the warden or by the assessors who
    concur in making such decision, and no formal order
    shall be necessary, and a copy of such minute shall, on
    demand, be given to any of the parties interested
    therein.

21. All the costs of any complaint or proceeding shall
    be taxed by the Court, and shall be paid or apportioned
    between the parties in such manner as to the warden
    shall seem fit, but in default of any special direction,
    such costs shall abide the event of the action.

22. The costs of witnesses, whether they have been
    examined or not, may, in the discretion of the warden
    be allowed, although they may not have been summoned.

23. The warden 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 warden shall otherwise direct.

24. The warden may at all times amend all defects
    and errors in any proceeding in this court.

25. Where by reason of the death or unavoidable
    absence of the warden a Court cannot be held, the
    clerk of the Court shall adjourn the Court to such day
    as he may deem convenient.

SCHEDULE OF FORMS.

1. Complaint.

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

Be it remembered that upon the _ day of __, 18__,
cometh before me, the undersigned,

warden of the Otago Gold Fields,
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.)

Wherefore the 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__.

Warden.

2. Summons.

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

A. B. (address, description,) complainant, and C. D. (address, description,) 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 the 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 the said complaint,
and demand (in any case in which the complaint an
interim injunction is claimed, here insert) and in the
meantime you are hereby enjoined to desist from (here
state the matter or injunction distinctly) under penalty,
in case of disobedience of this injunction contained in the Act.

Given under my hand and seal this _ day of ___,
18__, at ___ in the district aforesaid.

Warden.

3. Certificate of Service.

I, bailiff to the Warden’s Court at
do hereby certify that I served 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 of
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 the (plaintiff or
defendant as the case may be) and then and there to have
and produce (state any particular documents required)
and all other books, papers, writings, and other
documents relating to the said action, which may be in
your custody, possession, or power. In default of your
attendance, you will be liable to a penalty of five pounds,
under section 102 of “The Gold Fields Act, 1866.”

Dated this _ day of ___, 18__.

C. D.
Clerk of Court.

To A. B. (address, description.)

5. Summons to Assessors.

In the Warden’s Court of
Holden at ___

You are hereby summoned to appear and serve as an
assessor in this Court, at the (Court House) on the
_ day of ___, 18, at the hour of __ in the
noon, upon the trial of the cause or causes to be
then tried by assessors, and in default of attendance,
you will be liable to a penalty of five pounds,
under section 102 of “The Gold Fields Act, 1866.”