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proceeding shall appear and act personally or by a barrister or solicitor of the Supreme Court, or in the absence of any barrister or solicitor, and by leave of the Warden, by an agent to be appointed by the plaintiff or defendants, in writing.

10. No officer of the court shall, either by himself or by any partner or person in his employment, by 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 relief claimed.

14. 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 copartners, at the claim, station, or other place of business of the firm, at least twenty-four hours before the time appointed for the hearing, unless the Warden shall otherwise direct at the time of issuing the summons.

15. The summons may be served by the bailiff or by any other person whom the court may authorize, 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 he think fit.

16. Either party may obtain from the Clerk of the Court, summonses to witnesses, to be served at the option of such party, either by himself or his agent, or by the bailiff of the court, with or without a clause requiring the production of books and writings in their possession or under their control.

17. 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.

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

19. If the defendant do not appear, the court may either hold him as confessed, 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.

20. The costs for the summoning and attendance of assessors shall be paid into court before they are summoned.

21. It shall not be necessary to summon more than eight assessors to attend any one sitting of the court, and those summoned for the trial of any one cause shall be deemed to have been summoned for the trial of all causes to be tried at the same sittings of the court with the assistance of assessors.

22. It being competent to the court, whenever it shall see fit, to order the working of any miner’s claim affected by any matter in dispute brought before the court, to be suspended until such matter shall have been investigated and adjudicated upon, if in any complaint there shall be set forth sufficient grounds, in the opinion of the court, for the interim order or injunction on the person complained against to desist from working his claim, or from any act or proceeding in the working thereof likely to cause irreparable or serious injury, and if such relief or remedy be then claimed, the Warden may issue such order or injunction in the meantime; and afterwards, on hearing the parties, may recal the same, or otherwise decide, as he may see fit.

23. All the costs of any complaint or proceeding shall be taxed by the Warden, and shall be paid or apportioned by or between the parties or such of them and 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.

24. The Warden shall, in each case, direct what number of witnesses shall be allowed between party and party, and their allowance for attendance shall in no case exceed the highest rate of the allowance mentioned in the Schedule hereto annexed.

25. The cost 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.

26. The Warden may make such order as he may think fit concerning the times, and by what instalments, any sums 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.

27. The Warden may at all times amend all defects and errors in any proceedings of the court.

28. In default of the payment of any fees, payment thereof, by order of the Warden, may be enforced by such means as may be employed to recover any sum of money adjudged by the court to be paid.

29. The Warden, the clerk, and any other officer may refuse to do any act for which a fee shall be demandable, unless such fee shall first be paid.

30. The Judge may, in pursuance of the ninety-sixth 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.

I.—Complaint.

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

Be it remembered that upon the __ day of __, 18,
come before me the undersigned, Judge of the District Warden’s Court sitting at ____ in the said district, 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__.

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

II.—Summons.

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

To (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, 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 __ in the said district.