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NEW ZEALAND CODE OF CIVIL PROCEDURE.

CONTENTS.

Part I.—Commencement o_ Action. Chapter I. —The writ of summons, form of writ, issue of writ, service of writ, substituted service, renewal of writs, service of particular cases, service out of the colony, service generally Chapter II. —Parlies to action. Chapter HI. —Joinder of causes of action. Part ll.—Proceedings Preliminary to Disposal of Action. Chapter 1.-Statement of claim, prayer of statement, statement of defence, set-off and counter claim, statements of claim and defence generally, amendment of statements of claim and of defence. Chapter II. — Means of evidence, discovery, and inspection, admission of documents, evidence generally, witnesses, evidence by affidavit, consolidation of action. Part 111. —Disposal op Actions. Chapter I—"By payment into Court, by judgment by default, by discontinuance, by stay of proceedings, by trial, by nonsuit, by discharge of jury, new trial. Chapter II. —Judgment, judgment by confession, satisfaction of judgments. Part IV. —Execution. Chapter I.—'Writs of execution generally, writ of sale, writ of possession, writ of attachment, issue of writs. Chapter ll.—Charging, debts, trust funds, and shares. Part V.—lncidental Proceeding in an Action. Motions, petitions, applications in chambers, accounts, inquiries, &c. Part Vl.—Special Procedure. Chapter I.—Change of parties by death. Chapter ll.—Extraordinary remedies, protection of property and other matters, scire facias, interpleader, bills of exchange, actions on bonds, wrongful distress, relators, writ of arrest, probate and administration, matrimonial causes, appeals from inferior Courts. . Part VII. Costs, security for costs, fees of Court. Part VIII. —Miscellaneous Rules. Service, time, taking security, settlement of issues and cases, forms, title of proceedings, non-compliance, vacation and holidays, repeal, construction of statutes and other rules, cases not provided for, exceptions from the code.

[The following Rules shall regulate the proceedings in actions in the Supreme Court of New Zealand. .] PAET I.—COMMENCEMENT OE ACTION

CHAPTER I. The Weit op Summons. 1. Every action shall be commenced by a writ of summons, which may be issued out of any office of the Court. Foem of Weit. 2. The writ shall be in the Eorm No. 1 in the Schedule hereto, and shall require the defendant to file a statement of his defence to the plaintiff's claim within such time and at such place as shall be stated in the writ, and shall warn the deJ'endant that if he do not file his statement of defence within such time the plaintiff may at once proceed in his action without having it heard in Court. 3. The time to be so stated shall be regulated by the distance of the defendant's residence from the office of the Court in which his statement of defence is to be filed, the times for various distances being shown in Table "A" in the Schedule hereto. 4. The place shall be the office of the Court nearest to the defendant's residence in the judicial district in which the defendant resides. 5. The writ shall also require the defendant if he file a statement of defence, to attend at a place to be named in the writ at the first sitting of the Court which shall be held there after the expiration of the number of days stated in the writ, to answer the plaintiff's claim, and shall further warn the defendant that, if he fail to attend the sitting of the Court named in the writ, the Court may adjudicate upon the plaintiff's claim in his absence. 6. The place at which the defendant shall be required to attend shall bo the town in which sittings of the Court for the trial of actions are held in the judicial district, within which is situated the office of the Court in which the statement of defence is to be filed. 7. If sittings of the Court are held in more than one town in such judicial district the place shall be the town nearest the residence of the defendant in which such sittings are held. 8. If there be more than one defendant to the action the place for the purj.oses of Eules 4,6, and 7, shall be ascertained by reference to the residence of the defendant first named in the writ.