A.—6a.

2

NEW ZEALAND CODE OF CIVIL PROCEDURE IN LOCAL COURTS.

CONTENTS.

PAKT I.—COMMENCEMENT OF ACTION. Chapter I.—The plaint—Form of summons—lssue _of summons—Service of summons—Substituted service—Service in particular cases —Service generally. Chapter ll.—Parties to an action. Chapter lll.—Joinder of causes of action. Pari ll.—Proceedings preliminary to Disposal or Action. Chapter I.—Statement of claim' —Statement of defence —Set-off and counter claim —Statements of claim and defence generally—Amendment of statements of claim and of defence. Chapter ll.—Special cases—Admission of documents —Evidence generally—Witnesses. Part lll.—Disposal of Actions. Chapter I.—By payment into Court—By discontinuance—By stay of proceedings—By trial—By nonsuit. Chapter ll.—Judgment—Judgment by confession. Part IV.—Execution. Writs of execution generally —Writ of sale —Writ of possession—lssue of writs. Part V. —Special Procedure. Chapter I.—Change of parties by death. Chapter ll.—Extraordinary remedies —Proteotion of property and other matters —Interpleader—Wrongful distress— Writ of arrest. Part VI. Costs —Eees of Court. Part Vll.—Miscellaneous Rules. Service—Time —Taking security—Settlement of cases—Forms —Title of proceedings—Non-compliance—Holidays— Repeal—Construction of statutes and other rules —Cases not provided for—Exceptions from the Code.

[The following Bules shall regulate the proceedings in actions in the Local Courts of New Zealand.'] PART I.—COMMENCEMENT OF ACTION

CHAPTER I. The Plaint. 1. Every action shall be commenced by a plaint, which shall be in the Form No. 1 in the Schedule hereto, marked " A," and shall be signed by the plaintiff, and lodged in the office of the Court out of which the summons hereinafter mentioned shall issue, which plaints shall be numbered consecutively in each year by the Clerk of the Court, and shall be entered by him in a book to be kept for that purpose. Fokm op Summons. 2. The summons in every action shall be in the Form No. 2 in the Schedule hereto, and in cases where the sum claimed exceeds £20 shall require the defendant to file a statement of his defence to the plaintiff's claim, and to serve a copy upon the plaintiff or his solicitor within such time and at such

The principal variation in this proposed Local Courts Code from that prepared for the superior Court will he found in the mode of commencement of actions. In the local Courts it is made necessary that the original summons he delivered to the serving officer, so that, after comparison, affidavit of service may be indorsed upon the original, otherwise, where the summons is sent to remote parts, or even out of the district, the serving officer would have no opportunity of comparing the original and copy The plaint and a statement of claim will he lodged in the office of the Court in place of the writ of summons. No forms have been prepared, as the Sub-Committee have not been furnished with the forms proposed to he used in the Supreme Court, but those forms can be readily adapted to the local Courts procedure. J E. Macdonald. R. C. Barstow A. Devore.