The Short Title of this Act is “The District Courts Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

It shall be lawful for the Governor, from time to time as he thinks fit, by Proclamation to constitute throughout New Zealand, or in any part thereof, districts within which Courts of record, to be called “District Courts,” shall be held, and to abolish such districts, and alter or define the boundaries thereof, and also to declare by what local name each such Court shall be designated.

It shall be lawful for the Governor, in the name and on behalf of His Majesty, to appoint for every such District Court a fit and proper person, being a barrister or solicitor of the Supreme Court, to be the Judge thereof.

Every such Judge shall be called a District Judge, and shall hold office during the pleasure of the Governor.

The same person may be appointed Judge of any two or more District Courts, and may hold such office together with any other office that, in the opinion of the Governor, may conveniently be held therewith.

Every District Judge may exercise all the powers conferred on him as such Judge, whether within the district or not.

No District Judge shall practise as a solicitor or conveyancer under a penalty of one hundred pounds for each offence, to be recovered by action in the Supreme Court by any person who sues for the same; but any such Judge, if otherwise qualified, may practise as a barrister in the Supreme Court.

It shall be lawful for the Governor at any time to appoint a fit and proper person to be the deputy of any Judge, to act in case of his death, illness, or unavoidable absence; and such Deputy shall, while so acting, have all the powers and privileges and perform all the duties of the Judge for whom he is appointed deputy, and shall hold office during the Governor’s pleasure; but he shall not be precluded from practising as a solicitor, or conveyancer, except that while he is acting as Deputy Judge he shall not practise as a solicitor in the Court in which he is so acting.

Where the office of Judge of a District Court becomes vacant, either by death, suspension from office, or otherwise, the Deputy Judge shall act as Judge of that Court from the day whereon such vacancy occurs.

Where the Judge of a District Court certifies under his hand to the Deputy Judge that he is unable to perform his duties by reason of illness, or of absence from the district, or of being engaged in other duties under the Government, either within or without the district, the Deputy Judge shall act in his stead from the day whereon the Judge so certifies until the day whereon such Deputy receives from the Judge a certificate under his hand to the effect that he has resumed his duties.

The Judge of a District Court shall not have power to act while his Deputy is lawfully acting.

There shall be for every such Court a Clerk, who shall be appointed by and shall hold office during the pleasure of the Governor.

It shall be lawful for the Judge of the Court from time to time to appoint a deputy to act for the Clerk of the Court whenever such Clerk is prevented by illness or other cause from acting in his office; and if such Clerk dies, to appoint a deputy till the Governor’s pleasure is known.

Every deputy, while so acting, shall have the like powers and privileges, and shall perform the same duties, and be subject to the like provisions and penalties as if he were the Clerk of the said Court for the time being.

Whenever the Judge of any District Court is required to hold sittings of the Court in more than one place within his district, the Governor may, if he thinks fit, appoint a Clerk of such Court in each of such places.

Every District Court shall have a seal, and all summonses and processes issuing out of the said Court shall be sealed or stamped therewith.

Where sittings of a District Court are held at more places that one within the district, fac-similes shall be made of the seal of such Court, each of which fac-similes shall be deemed an original seal of the Court; and at each of the places for which a Clerk is appointed there shall be one of such seals in charge of such Clerk.

The Clerk of each Court shall issue all summonses, warrants, precepts, and writs of execution, and register all orders and judgments of the Court, and keep an account of all proceedings of the Court, and shall take charge of and keep an account of all Court fees and fines payable or paid into Court, and of all moneys paid into and out of Court, and shall enter an account of all such fees, fines, and moneys in a book belonging to the Court, to be kept by him for that purpose, and shall do and perform all other acts and duties properly incident to the office of Clerk.

All plaints shall be entered, all summonses, orders, judgments, and proceedings shall be issued, had, and registered, and all records, entries, books, and accounts shall be made and kept separately at and for such place to which such Clerk and seal are so assigned, and all other the proceedings of such Court sitting at such place shall be had and conducted at such place independently of any other place, as if the Court sitting at such place were a Court for such place only:

Provided that nothing herein shall be taken to limit in any way the jurisdiction of any Court sitting at any such place, but such jurisdiction shall extend over the whole of such district.

There shall also be a bailiff and other necessary ministerial officers of the Court, who shall be appointed and hold office during the pleasure of the Judge thereof.

The Judge may, if he thinks fit, appoint for any Court more than one bailiff, of whom one may be assigned to each place at which sittings of the Court are held, or otherwise as the Judge thinks fit.

The bailiff shall attend every sitting of the Court for such time as required by the Judge, unless when his absence is allowed for reasonable cause by the Judge, and shall, when required, serve all the summonses and orders, and execute all the warrants, precepts, and writs issued out of the Court.

He shall, in the execution of his duties, conform to all such rules and regulations as are from time to time made as hereinafter provided, and, subject thereto, to the order and direction of the Judge.

He shall be responsible for all the acts and defaults of himself and those acting under him and by his authority, in like manner as any Sheriff in New Zealand is responsible for the acts and defaults of himself and his officers.

The Governor may appoint any number of persons, being barristers and solicitors of the Supreme Court, to act as Crown Prosecutors in and for any district constituted under this Act.

One of such persons may be assigned to each place at which sittings of the said Court are held in the said district, or may be assigned to more than one such place.

Every District Court shall have jurisdiction over all cases of a civil nature, whether legal or equitable, in which the claim or demand (whether the original claim or demand, or a balance after allowing payments on account, or the amount of a set-off admitted by the plaintiff) does not exceed five hundred pounds, and also over all partnership accounts and disputes between partners in which the claim or demand of the plaintiff, or the value of his interest in the property the subject of the action, does not exceed five hundred pounds:

Provided that any action in which both parties agree by a memorandum signed by them, or by their respective solicitors, that any District Court named in such memorandum shall have power to try such action, may be tried by such District Court accordingly.

Where in any District Court an action is brought that such Court has no power to try, and the parties do not agree that the Court shall have power to try the same, the Judge shall order the action to be struck out, and may thereupon award costs and enforce the payment thereof in like manner in all things as if the Court had power to try the action and the plaintiff had not appeared, or had appeared and failed to prove his demand.

Every action shall be brought within the district in which the party sought to be charged resides or carries on business or is served with the process of the Court, or within the district in which the cause of action arose either wholly or in some material part.

No District Court shall have cognisance of any action in which the title to real estate or the validity of any devise or bequest is in question, or the limitations under any will or settlement are disputed:

Provided that in any action in any District Court in which the title to any corporeal or incorporeal hereditaments incidentally comes in question, the Judge shall have power to decide the claim which it is the immediate object of the action to enforce, if both parties at the hearing consent in writing, signed by them or by their solicitors, to the Judge having such power; but the judgment of the Court shall not be evidence of title between the parties or their privies in any proceedings in that or any other Court, and such consent shall not prejudice or affect any right of appeal.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more suits in any District Court; but any plaintiff having a cause of action for more than five hundred pounds, for which an action might be brought if not for more than five hundred pounds, may abandon the excess, and thereupon the plaintiff shall, on proving his case, recover an amount not exceeding five hundred pounds, and the judgment of the Court shall be in full discharge to the defendant of all demands in respect of such cause of action.

Where a plaintiff in an action commenced in the District Court recovers less than the sum of fifty pounds, or the value of any chattels recovered is assessed at less than fifty pounds, and the action was one that might have been brought in any Court of inferior jurisdiction to the District Court, the plaintiff shall not be entitled to any greater costs than he would have recovered in the inferior Court, unless the Judge before whom the action was tried certifies that the case was a proper one to bring in the District Court.

A minor may sue in the District Court for wages or piecework, or for work as a servant, as if of full age.

If above the age of eighteen years he may sue and be sued in the District Court upon any contract which such Court deems to have been or to be beneficial to such minor, or in any case of tort in which such Court has jurisdiction.

Judgment may be given in any such action, and proceedings may be had and taken to enforce such judgment as if the minor were of the full age of twenty-one years.

A minor may sue and defend by his next friend, and the Court may summarily admit any person to act as next friend, and the next friend so admitted shall be liable to satisfy the judgment of the Court in all respects as if he had sued or defended in his own proper right.

No further step than the serving of a summons shall be taken in any action against a minor under the age of eighteen years unless and until a next friend is admitted.

Any defendant absent from New Zealand who has an attorney or agent in New Zealand empowered to sue or act generally on his behalf may, by leave of the Judge first obtained, be sued in the District Court having jurisdiction in the district in which such attorney or agent resides, or in the district in which the cause of action arose wholly or in some material part.

Any executor or administrator may sue and be sued in the District Court in like manner as if he were a party in his own right, and in any such case judgment and execution shall be such as would in the like case be given or issued in the Supreme Court.

No privilege shall be allowed to any solicitor or other person to exempt him from the jurisdiction of any District Court.

Where plaintiff has any demand recoverable under this Act against two or more persons jointly, it shall be sufficient if any of such persons be served with process; and judgment may be obtained and enforced against the person or persons so served, notwithstanding that others jointly liable have not been served or sued, or are not within the district or within New Zealand; and every such person against whom judgment has been obtained under this Act and who has satisfied such judgment shall have a right of action for contribution against the others so jointly liable.

The Judge of the District Court, in all actions brought in the said Court, shall be sole judge of and shall determine all questions as well of fact as of law, unless a jury be summoned as hereinafter provided.

Where a Judge of the Supreme Court does not reside within any district constituted by this Act, or, if resident therein, is absent from his usual place of residence, the Judge of the District Court of such district shall have the same power as the Supreme Court—

Injunctions.

Writ of arrest. 1858, No. 30, sec. 26

Probate and administration. Ibid, sec. 27

Provided that the powers conferred on Judges of District Courts by paragraphs (a) and (b) of this section shall be exercised only within such districts as may from time to time be named by the Governor by Order in Council gazetted.

Where the term and interest of the tenant of any corporeal hereditament has expired, or has been determined either by the landlord or by the tenant by a legal notice to quit, and such tenant or any other person holding or claiming by, through, or under him fails to deliver up possession accordingly, or where the landlord is entitled to possession on account of non-payment of rent, the Court of the district within which such hereditament is situate shall, if neither the value of the hereditament nor the rent payable in respect thereof exceeds fifty pounds by the year, and no fine or premium has been paid thereon, have jurisdiction to entertain a suit for recovery of possession of the same.

The Governor may by Proclamation from time to time declare that any District Court shall have cognisance of all indictable offences committed within the district over which its jurisdiction extends, punishable on a first conviction by fine or imprisonment with hard labour for any period not exceeding seven years; except any of the following offences, that is to say:—

Notwithstanding anything herein, every District Court proclaimed under this section shall have cognisance of all offences of receiving stolen goods; but shall not in any case have power to pass a greater sentence than seven years’ imprisonment with hard labour.

Any offence that would be cognisable by a District Court, if committed within the district over which its jurisdiction extends, shall be cognisable in like manner by such Court if the offender has been apprehended or is in custody within that district.

With a view to facilitate proceedings in the Supreme Court during the absence of the Judges thereof, it shall be lawful for any Judge of the Supreme Court from time to time, by writing under his hand, to give and depute generally or in any particular case to the Judge of any District Court power to do any of the acts that such Judge of the Supreme Court is empowered to do by any rules in force for regulating the practice and procedure of the Supreme Court, and at any time to annul, vary, or amend any such deputation.

The Clerk of every District Court shall cause a note of all plaints and summonses, and of all orders, and of all judgments and executions and returns thereto, and of all fines, and of all other proceedings of the Court to be fairly entered from time to time in books belonging to the Court, which shall be kept at the office of the Court; and such entries in the said books, or copies thereof bearing the seal of the Court and purporting to be signed and certified as true copies by the Clerk of the Court, shall at all times be admitted in all Courts and places whatever as evidence of such entries, and of the proceedings referred to by such entries, and of the regularity of such proceedings, without any further proof.

The parties to any proceeding under this Act may appear and act personally, or by a barrister or solicitor of the Supreme Court, and not otherwise:

Provided that under special circumstances the Judge may permit any party to appear by an agent, not being a barrister or solicitor.

On the application of any person desirous of bringing an action under this Act the Clerk shall enter, in the book to be kept for that purpose, a plaint in writing stating the names and the last known place of abode of the parties, and the substance of the action intended to be brought; every one of which plaints shall be numbered in every year according to the order in which it is entered.

The assignee of a debt shall not be entitled to maintain any action for the recovery of such debt unless he names the assignor in the plaint-note and summons.

A summons shall thereupon be issued according to such form, and be served on the defendant so many days before the day on which the Court is held at which the cause is to be tried, as may be directed by any rules made for regulating the practice of the Court.

Such summons may be issued against any defendant residing or being beyond the district within which the Court has jurisdiction, but not out of New Zealand, upon the application of any plaintiff who by affidavit or orally on oath, which oath the Clerk is hereby authorised to administer, deposes that his cause of action arose wholly or in some material part within the jurisdiction of the Court.

Where any corporation or incorporated company is a plaintiff in any District Court, the application and deposition on oath required by the last preceding section shall (if in other respects sufficient) be deemed sufficient if made by any officer, attorney, or agent of such corporation or incorporated company on behalf thereof.

Delivery of the summons to the defendant, or service of the same in any manner specified in the said rules of practice shall be deemed good service; and no plaint or summons shall be set aside for any misnomer or inaccurate description therein of any person or place so long as such person or place is therein described so as to be commonly known.

Any summons under this Act may be served by the bailiff of the Court, or by the plaintiff, or by any person employed by the bailiff or the plaintiff for that purpose; and service thereof may be proved on oath before the Judge of the Court or by an affidavit of service sworn as hereinafter provided.

Any person against whom a plaint is entered in any District Court may, if he thinks fit, whether he is summoned upon such plaint or not, in the presence of the Clerk of the Court in which such plaint is entered, or in the presence of a solicitor of the Supreme Court, sign a statement confessing and admitting the debt or demand for which such plaint has been entered, or a part thereof, and thereupon it shall not be necessary for the plaintiff to prove the debt or demand or the part thereof so confessed and admitted as aforesaid.

The Judge of such Court, at the next sitting thereof, whether the parties or either of them attend such Court or not, shall, upon proof by affidavit of the signature of the defendant, if such statement was not signed in the presence of the Clerk, proceed to give judgment for the debt or demand or the part thereof so confessed and admitted, in the same manner and subject to the same conditions as if he had tried the cause and given judgment thereupon.

If the person against whom a plaint is entered in any District Court agrees with the person on whose behalf such plaint is entered upon the amount of the debt or demand sought to be recovered, and upon the terms and conditions upon which the same shall be paid or satisfied, it shall be lawful for such persons respectively in the presence of the Clerk of the Court in which such plaint is entered, or in the presence of a solicitor of the Supreme Court, to sign a statement of the amount of the debt or demand so agreed upon between them, and of the terms and conditions upon which the same shall be paid or satisfied.

The Clerk shall receive such statement, and shall thereupon, upon proof by affidavit of the signatures of the parties, if such statement was not made in the presence of the Clerk, enter up judgment for the plaintiff for the amount of the debt or demand so agreed on, upon the terms and conditions mentioned in such statement; and such judgment shall to all intents and purposes have the same effect and shall be enforced and enforceable in the same manner as if it had been a judgment of the Judge of the said Court.

Any defendant may, within such time as is directed by the rules, pay into Court such sum of money as he thinks a full satisfaction of the plaintiff’s demand, together with the costs incurred by the plaintiff up to the time of such payment, and the said sum of money and costs shall be paid to the plaintiff.

If the plaintiff elects to proceed, and recovers no further sum in the action than was so paid into Court, the plaintiff shall pay to such defendant the costs incurred by him in the action after such payment, and the Court shall give judgment for the same accordingly.

The Judge of any District Court may, as to any matter within his jurisdiction, exercise all the powers possessed by a Judge of the Supreme Court with respect to the arrest and holding to bail of defendants in actions for the recovery of money who are believed to be about to quit New Zealand.

Any application to the Court or a Judge thereof in an action may be by motion, notice whereof shall be served on the parties affected thereby, and filed in Court not less than three clear days before the day named in the notice for the hearing of the motion:

Provided that an order may in any case be made on shorter notice or ex parte on such terms as the Court or Judge thinks fit.

Evidence in support of any motion may be given by affidavit, filed at least two clear days before the hearing, and not afterwards unless by leave of the Court or Judge.

The Court or Judge may make such order in respect of any motion and the costs thereof as seems just, and may set aside the same and all proceedings thereunder in case the same has been fraudulently or improperly obtained.

The order shall be drawn up and filed, and a copy thereof served on the party affected thereby, unless the Court or Judge directs otherwise.

Either party may obtain, at the office of 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, deeds, papers, and writings in their possession or under their control.

Every person served with such summons, either personally or in any manner directed by the rules, and having at the same time received payment or a tender of his expenses according to the scale fixed by the rules, who fails without sufficient cause to appear, or to produce any books, deeds, papers, or writings required by such summons to be produced, and also every person present in Court who, being required to give evidence, refuses to be sworn and give evidence, is liable to a fine not exceeding twenty pounds.

Payment of any such fine shall not exempt such person from an action for disobeying such summons.

Upon the application of either party, and upon an affidavit by such party of his belief that any documents to the production of which he is entitled for the purpose of discovery or otherwise are in the possession or power of the opposite party, it shall be lawful for the Judge to order that the party against whom such application is made (or, if such party is a body corporate, that some officer to be named of such body corporate) shall answer on affidavit stating what documents he has in his possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he objects (and, if so, on what grounds) to the production of such as are in his possession or power; and upon such affidavit being made the Judge may make such further order thereon as appears just.

Where it is shown by affidavit to the satisfaction of the Court that certain parts of the books or documents to be produced do not relate to the matters in dispute, the party producing the same shall be allowed to seal up such parts.

Where any party to an action commenced in a District Court, or any person whose evidence it is desired to use in such action, is resident more than fifty miles from the Courthouse where the hearing of such action is appointed to be held, such party or the party desiring to use the evidence of such person may, at least seven days before the day appointed for the hearing, give notice in writing of such desire to the Clerk of the Court wherein the action has been commenced (hereinafter termed “the Court for hearing”), and to the other party to the action, specifying the name of the person to be examined, and the place where it is desired that such person should be examined, such place being one at which a sitting of a District Court or of a Magistrate’s Court is held at intervals of not more than one month.

Upon receiving such notice the Clerk of the Court for hearing shall forthwith transmit the same either to the Clerk of the District Court or to the Clerk of the Magistrate’s Court holding sittings at the place named in such notice (hereinafter termed “the Court for examination”).

The Clerk of the Court for examination, on receiving the notice, shall forthwith appoint a time for the taking of such evidence, and shall transmit a copy of such appointment to the Clerk of the Court for hearing.

The Clerk of the Court for hearing shall, immediately upon receiving such copy, give notice of the time so appointed to both parties to the action, and forward to the Clerk of the Court for examination an affidavit of service of such notice.

Summonses to witnesses to attend such examination, and to produce books, papers, and writings, may issue out of either Court, and the procedure on such examination shall be the same in all respects as if such examination were the hearing of an action in the Court for examination, unless it is otherwise prescribed by rules made under this Act.

All evidence given at such examination shall be put in writing and signed by the Judge, Magistrate, or Justices, as the case may be, before whom it is taken, and by the persons giving such evidence, and shall be forwarded by the Clerk of the Court for examination to the Clerk of the Court for hearing, together with all books, documents, and things admitted in evidence; and such evidence shall be read at the hearing of the action, and shall, subject to all just exceptions, be held and deemed to be evidence given at such hearing.

The costs of such examination may in all cases be dealt with by the Court for hearing as if the same were costs incurred in and about the hearing of the action; and, in addition to the costs of the action, the same allowance for solicitors and witnesses may be made as if such examination had been the hearing of an action.

Every person giving evidence at any such examination shall be deemed to have given his evidence in such action, and in any indictment and information it shall be sufficient to allege that such examination was held under the provisions of this section; and proof of the summons having issued in such action, and of the person having given evidence at such examination, shall, without proof of any of the notices herein mentioned, be sufficient evidence of the authority of the Court for examination to hold the same, and of such examination having been so held; and the signature of every Judge, Magistrate, or Justice to such written evidence shall be judicially noticed without any proof thereof.

The fees for the time being payable in respect of the examination of witnesses in actions in Magistrates’ Courts shall be payable in respect of the several proceedings aforesaid, and the same shall be disposed of as if they were fees received in the Court by the Clerk whereof they were taken.

Where application has been made for the taking of evidence under the last preceding section, the Court for hearing may either adjourn the hearing of the action summarily from time to time on such terms as it thinks fit, or, if satisfied that such application was made for the purpose of delay, or if three months have elapsed since the making thereof, cause the action to be heard and disposed of as if no such application had been made.

If a Judge of a District Court is satisfied by either party to an action pending in his Court that such action can be more conveniently or fairly tried in some other District Court, he shall order that the action be sent for hearing to such other District Court; or

If the Judge is interested in the matter of any action pending in his Court, he shall order that the action be sent for hearing to some convenient District Court of which he is not the Judge.

In either case the Clerk of the Court in which the plaint was entered shall forthwith transmit to the Clerk of the Court to which the same is to be sent a certified copy of the plaint as entered in the plaint-book, the duplicate copy of the summons and particulars served on the defendant, and a certified copy of the order for changing the place of trial; and the Judge of such last-mentioned Court shall appoint a day for the hearing, notice whereof shall be given to both parties in such manner as such Judge directs, and the action shall be proceeded with in the same manner in all respects as if it had been originally commenced in that Court.

On the day named in the summons, if the plaintiff appears, the defendant shall be required to answer the plaint, and, on an answer being made in Court, the Judge shall proceed in a summary way to try the cause and give judgment, without further pleading or formal joinder of issue.

On the trial of the action no evidence shall be given by the plaintiff of any cause of action other than that stated in the summons.

No defendant shall be allowed to set off any debt or demand claimed or recoverable by him from the plaintiff, or, without the consent of the plaintiff, to set up by way of defence and to claim and have the benefit of infancy, or of any Statute of Limitations, or of a discharge under any Act relating to bankruptcy, unless notice thereof as prescribed by the rules has been given to the Clerk of the Court.

Where any such notice is given to the Clerk of the Court, he shall, on demand by the plaintiff, deliver to him a copy of such notice.

If at the time and place of trial, or at any continuation or adjournment of the Court or action, the plaintiff fails to appear, the action shall (unless the Court orders otherwise) be struck out, and shall thereupon be ended and determined, and a memorandum to that effect shall be entered by the Clerk of the Court in the register; but such entry shall not bar any future action for the same cause:

Provided that it shall be lawful for the Judge to order any such action to be reinstated if he thinks fit.

If the plaintiff fails to appear as aforesaid, and the defendant, or some one duly authorised on his behalf, appears and admits the cause of action to the full amount claimed, and pays the fees payable in the first instance by the plaintiff, the Court, if it thinks fit, may proceed to give judgment as if the plaintiff had appeared.

If the plaintiff appears as aforesaid, but does not prove his demand to the satisfaction of the Court, it shall be lawful for the Judge to nonsuit the plaintiff, or to give judgment for the defendant, and if the defendant appears and does not admit the demand, to adjudge to the defendant by way of costs such sum as the Judge in his discretion thinks fit.

If without sufficient excuse the defendant fails to appear as aforesaid, or to answer when called in Court, the Judge upon due proof of service of the summons may proceed to the trial of the action in the presence of the plaintiff only, and the judgment thereupon shall be as valid as if both parties had attended:

Provided that in any such case the Judge may, on cause shown, set aside at the same or any subsequent Court any judgment so given in the absence of the defendant, and the execution thereupon, and may grant a new trial of the action upon such terms (if any) as to payment of costs, and giving security for or paying into Court the debt and costs, or any part thereof, or upon such other terms as he thinks fit.

All the costs of any action or proceeding in any Court held under this Act shall be paid, or apportioned between the parties, in such manner as the Judge thinks fit, but in default of any special direction such costs shall abide the event of the action.

Every solicitor employed by or on behalf of the plaintiff shall in every case be entitled to have and recover in full for his costs and fees, in addition to the costs actually paid by him out of pocket, a sum after the rate of five per centum on the amount for which judgment is given:

Provided that he shall in no case, whether judgment be given for the plaintiff or for the defendant, be entitled to a less sum than three guineas, in addition to costs actually paid out of pocket.

Every solicitor employed by or on behalf of the defendant shall, in every case in which judgment is given for the defendant, be entitled to recover in full for his costs and fees, in addition to the costs actually paid by him out of pocket, a sum after the rate of five per centum on the amount for which the summons was issued; and if judgment is given for the plaintiff, then a sum after the rate of five per centum on the amount recovered by such judgment:

Provided that he shall in no case, whether judgment be given for the plaintiff or defendant, be entitled to a less sum than three guineas, in addition to the costs actually paid out of pocket.

Notwithstanding anything in the last two preceding sections, the Governor in Council may from time to time make rules and orders fixing, regulating, and assessing the amount of costs payable to solicitors in respect of civil proceedings under this Act.

The Governor in Council may from time to time fix, alter, and abolish all fees payable in respect of proceedings under this Act; and all such fees, except such as are payable for keeping possession, or appraising, or selling goods seized, shall be paid in the first instance by the party on whose behalf any such proceeding is taken; and, in default of the payment of any fees, payment thereof shall, by order of the Judge, be enforced as if the same were a debt adjudged by the Court to be paid; and a table of all fees shall be posted in some conspicuous place in every Clerk’s office.

The Judge or any officer of a District Court may refuse to do any act for which a fee is demandable unless such fee is first paid.

Where interest upon any sum is recovered or allowed in any action, but the rate of such interest is not previously agreed upon by the parties, the party entitled to such interest shall recover and be allowed the same after the rate of six pounds per centum per annum.

In order to abolish the expense occasioned by the taxation of costs, the Judge shall, when the case is called on, if the same is not tried, or during the trial thereof if the same is tried, ascertain the amount that each person (whether witness or party) is entitled to receive for costs and expenses; and, in case judgment is given for the plaintiff, the amount ascertained as aforesaid, and the fees payable to the Clerk of such Court, or so much thereof respectively as the plaintiff is entitled to recover, shall be added to the amount for which judgment was given, and shall therewith form the sum for which judgment shall be entered by the Clerk.

In case judgment is given for the defendant, the amount so ascertained as aforesaid, and the fees so payable as aforesaid, or so much thereof respectively as the defendant is entitled to recover, shall form and be the sum for which judgment shall be entered by the Clerk.

Every order and judgment shall be final and conclusive between the parties; but the Judge shall have power to nonsuit the plaintiff in any case in which satisfactory proof is not given to him, entitling either the plaintiff or defendant to the judgment of the Court; and shall also have in every case the power to order a new trial, to be had upon such terms as he thinks reasonable, and in the meantime to stay the proceedings.

Every judgment debt shall carry interest at the rate of six per centum per annum from the time of entering up judgment until the same is satisfied, and such interest may be levied by a warrant of distress.

In any action whatever it shall be lawful for either the plaintiff or the defendant to require a jury to be summoned to try the said action.

The party requiring the jury to be summoned shall, at least seven days before the day fixed for the hearing of the case, give written notice thereof to the Clerk of the Court, either personally or by leaving the same at his office, and shall pay into Court the costs from time to time to be fixed for the summoning of the said jury, together with the sum of two pounds for the payment of the jury.

Upon receiving such notice the Clerk of the Court shall, in the presence of a Justice, place in a box pieces of cardboard, one for each of the persons on the jury-list at the time being in force in the district, and each bearing a number corresponding to that set opposite to the name of each such person on the said jury-list, and shall mix such pieces of cardboard well together, and, without looking into the box, draw out twelve pieces.

The persons whose names are set opposite on the jury-list to the numbers on the pieces of cardboard so drawn shall be the jury to be summoned:

Provided that if and as often as the Clerk of the Court and the said Justice are satisfied that any such person is not at that time residing within ten miles of the Courthouse at which the sittings of the Court are to be held, the Clerk shall lay aside the piece of cardboard bearing the number of such person on the jury-list, and shall draw out another piece of cardboard in lieu thereof.

The Clerk of the Court shall immediately thereafter cause the said jury to be summoned, and such jury so summoned shall be deemed to have been duly summoned for the trial of all jury causes of a civil nature to be tried at the same sittings of the Court.

Every such summons shall be served on each juror personally, or by leaving the same at his ordinary place of abode, at least three days before the sitting of the Court; and every person summoned as a juryman under this Act and failing to attend shall be liable to a fine not exceeding ten pounds, to be imposed at the discretion of the Court, and in default of payment shall be imprisoned for a term not exceeding fourteen days.

When the jurors are in attendance, if their number is odd, the Clerk shall strike off one, and the number being even the plaintiff and defendant alternately shall each strike off one, until the number is reduced to four; and the four thus remaining shall be empanelled and sworn to give their verdict in the cause to be brought before them:

Provided that if either party fails to strike the jury as herein provided, or the defendant is absent, it shall be lawful for the Clerk of the Court to strike the jury instead of the party so failing or absent.

Every such juryman shall be entitled to receive from the Clerk of the Court the sum of ten shillings, and the expenses thereby incurred shall be costs in the cause.

In every trial the jury shall give a unanimous verdict, and judgment shall be entered accordingly:

Provided that where the jury, after having retired to consider their verdict, and having remained at least three hours in deliberation, inform the Judge that there is no likelihood of their agreeing upon a unanimous verdict, the verdict of three-fourths of such jury may be taken, and shall have the effect of a unanimous verdict.

Where, after the jury have remained six hours in deliberation, a three-fourths majority cannot be obtained, the Court shall order the jury to be discharged; and in every such case no judgment shall be given, but the action may be again tried at the same Court, if the plaintiff thinks fit, on his giving ten days’ notice thereof in writing to the defendant, either personally or by leaving the same at the defendant’s last known place of abode.

Every judgment entered up in pursuance of the verdict of a jury shall for all purposes thereafter have the same force and effect as though such judgment were entered in pursuance of the determination of the Judge of the Court alone, as hereinbefore provided.

Every judgment, and the time (if any) limited for satisfying the same, shall be entered in a register to be kept for that purpose, and no other record thereof shall be necessary.

If any person sues another in any District Court for any debt or cause of action for which he has already sued the other and obtained judgment in any other Court, the defendant may prove such former action and judgment; and in such case the party so suing shall not be entitled to recover in such second action, and shall be adjudged to pay, besides the costs thereof, any sum not exceeding twenty pounds.

The Judge may make such order as he thinks fit concerning the times when and instalments by which any debt, or damages, or costs for which judgment has been obtained in the said Court shall be paid, and all such moneys shall be paid into Court unless the Judge directs otherwise.

If there are cross judgments between the parties, execution shall be taken out by that party only who has obtained judgment for the larger sum, and for so much only as remains after deducting the smaller sum; and satisfaction for the remainder shall be entered, as well as satisfaction on the judgment for the smaller sum, and, if both sums are equal, satisfaction shall be entered upon both judgments.

No such set-off of one judgment against another shall be allowed to the prejudice of the solicitor’s lien for costs due to him in the particular action against which the set-off is sought.

The Judge may in any case make orders for staying proceedings until security for costs is given, or for granting time to the plaintiff or defendant to proceed in the prosecution or defence of the action, and may also from time to time adjourn the Court or the hearing of any cause in such manner, and on such terms as to payment of costs or otherwise, as the Judge deems fit.

Where the Judge gives judgment or makes an order for the payment of money, and default is made in payment thereof, the amount shall be recoverable, either forthwith or at the time and in the manner mentioned in the judgment or order, by execution against the goods and chattels of the party against whom such judgment or order is given or made.

The Clerk of the Court, at the request of the party prosecuting such judgment or order, shall issue under the seal of the Court a writ of fieri facias as a warrant of execution to the bailiff of the Court, who by such warrant shall be empowered to levy or cause to be levied such sum of money as is ordered or adjudged to be paid, and also the costs of the execution, by distress and sale of the goods and chattels of such party, wherever the same may be found; and all constables within their several jurisdictions shall aid in the execution of every such warrant.

If the Judge makes any order for payment of any sum of money by instalments, execution upon such order shall not issue against the party until after default in payment of some instalment payable under such order, and execution or successive executions may then be issued for the whole of the said sum of money and costs then remaining unpaid, or for such portion thereof as the Judge directs by order, either at the time of making the original order or at any subsequent time.

Every bailiff or officer executing any process of execution issuing out of a District Court against the goods and chattels of any person may, by virtue thereof, seize and take any of the goods and chattels of such person (excepting the wearing-apparel and bedding of such person or his family, and the tools and implements of his trade to the value of twenty-five pounds, which shall to that extent be protected from seizure), and may also seize and take any money or bank-notes, and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money belonging to any such person against whom any execution is issued as aforesaid.

The bailiff shall deliver to the Clerk of the Court all cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money so seized or taken as aforesaid, as security or securities for the amount directed to be levied by such execution, or so much thereof as has not been otherwise levied or raised for the benefit of the plaintiff; and the plaintiff may sue in the name of the defendant, or in the name of any person in whose name the defendant might have sued, for the recovery of the sum or sums secured or made payable thereby, when the time of payment thereof has arrived.

No sale of any goods taken in execution as aforesaid shall be made until after five days next following the day on which they are so taken, unless they are of a perishable nature, or upon the request in writing of the party whose goods are taken; and until sale the goods shall be deposited by the bailiff in some fit place, or may remain in the custody of a fit person to be put in possession by the bailiff.

In or upon every warrant of execution issued against the goods and chattels of any person, the Clerk of the Court shall cause to be inserted or indorsed the sum of money and costs adjudged, with the sums allowed as increased costs for the execution of such warrant.

If, before an actual sale of the goods and chattels, the party against whom such execution is issued pays or causes to be paid or tendered to the Clerk of the Court out of which such warrant issued, or to the bailiff holding the warrant, such sum of money and costs as aforesaid, or such part thereof as the person entitled thereto agrees to accept in full for his debt or damages and costs, together with the fees herein directed to be paid, the execution shall be superseded, and the goods and chattels of the said party shall be discharged and set at liberty.

The precise time when any application is made to a Clerk to issue a warrant against the goods and chattels of a party shall be entered by him in the execution-book and on the warrant, and where more warrants than one are issued they shall be executed in the order of the times so entered.

Where a writ against the goods and chattels of a party has issued from the Supreme Court, and a warrant against the goods and chattels of the same party has issued from a District Court, the right to the goods and chattels seized shall depend on whether the delivery of the writ to the Sheriff to be executed is or is not prior to the application to the Clerk for issue of the warrant; and the Sheriff, on demand, shall by writing under his hand inform the bailiff of the precise time of such delivery of the writ, and the bailiff, on demand, shall show his warrant to any Sheriff’s officer; and such writing, and the indorsement on the warrant, shall respectively be sufficient justification to any Sheriff or bailiff acting thereon.

Where any claim is made to or in respect of any goods or chattels taken in execution under the process of a District Court, the claimant may either—

and, in default of the claimant so doing, the bailiff shall sell the goods and chattels as if no such claim had been made, and shall pay the proceeds of the sale into Court, to abide the decision of the Judge.

Where any claim is made to or in respect of any goods or chattels taken in execution under the process of any Court, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued, it shall be lawful for the Clerk of the Court, upon application of the officer charged with the execution of such process, as well before as after any action brought against such officer, to issue a summons calling before the said Court as well the party issuing such process as the party making such claim, and thereupon any action brought in the Supreme Court, or in any local or inferior Court, in respect of such claim shall be stayed.

The Court in which such action is brought, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing such action to pay the costs of all proceedings had upon such action after the issue of such summons out of the District Court; and the Judge of the District Court shall adjudicate upon such claim, and make such order in respect thereof as he deems fit, and such order shall be enforced in like manner as any order made in any action brought in such Court.

The landlord of any tenement in which any goods or chattels are so taken in execution, or his agent, may claim the rent of such tenement at any time within five clear days from the date of such taking, or, before the removal of the goods and chattels, by delivering to the bailiff or officer making the levy any writing signed by himself or his agent, stating the amount of rent claimed to be in arrear, and the time for and in respect of which such rent is due.

If such claim is made, the bailiff or officer making the levy shall, in addition thereto, distrain for the rent so claimed and the cost of such distress, and shall not within five days next after such distress sell any part of the goods and chattels taken, unless they are of a perishable nature, or upon the request in writing of the party whose goods and chattels are taken.

The bailiff shall afterwards sell such of the goods and chattels under the execution and distress as will satisfy—first, the costs of and incident to the sale; next, the claim of such landlord, not exceeding the rent of eight weeks where the tenement is let by the week, or the rent of two terms of payment where the tenement is let for any other term less than a year, or the rent of one year in any other case; and, lastly, the amount for which the warrant issued.

If any replevin is made of the goods and chattels so taken, the bailiff shall, notwithstanding, sell such portion thereof as will satisfy the costs of and incident to the sale under the execution, and the amount for which the warrant issued; and, in any event, the surplus proceeds of the sale (if any), and the residue of the goods and chattels, shall be returned to the defendant.

The poundage of the bailiff for keeping possession and sale under such distress shall be the same as would be payable if the distress were an execution of the District Court, and no other fees shall be demanded or taken in respect thereof.

In executing any process of the Court the bailiff shall have such powers and be subject to such liabilities as any Sheriff has or is subject to in like cases in executing the process of the Supreme Court.

Every writ or warrant issued in execution of any judgment under this Act may be executed in any part of New Zealand by the bailiff of the Court, or by the bailiff of any other District Court, or by any other person to whom the same is specially directed.

If any officer or bailiff of any Court is assaulted while in the execution of his duty, or if any rescue is made or attempted to be made of any goods or chattels levied under process of the Court, the person so offending shall be liable to a fine not exceeding twenty pounds, to be recovered by order of the Court or before a Justice.

Such officer or bailiff or any constable may, in any such case, take the offender into custody (with or without warrant), and bring him before such Court or Justice.

If any bailiff of a District Court, employed to levy any execution against goods and chattels, by neglect or connivance or omission loses the opportunity of levying any such execution, then upon complaint of the party aggrieved by reason of such neglect, connivance, or omission the Judge shall, on proof of the fact alleged, order such bailiff to pay such damages as it appears that the plaintiff has sustained thereby, not exceeding in any case the sum of money for which the execution issued.

If on demand the bailiff refuses to pay such damages, payment thereof shall be enforced in the manner hereinbefore provided for enforcing a judgment recovered in the said Court.

If any Clerk, bailiff, or other officer of the Court, acting under colour or pretence of the process of the said Court, is charged with extortion or misconduct, or with not duly paying or accounting for any money levied by him under the authority of this Act, it shall be lawful for the Judge to inquire into such matter in a summary way, and for that purpose to summon and enforce the attendance of all necessary parties in like manner as the attendance of witnesses in any case may be enforced, and to make such order thereupon for the payment of any money extorted, or for the due payment of any money so levied as aforesaid, and for the payment of such damages and costs, as he thinks just.

The Judge may also, if he thinks fit, impose such fine upon the Clerk, bailiff, or officer, not exceeding ten pounds for each offence, as he deems adequate; and in default of payment of any money so ordered to be paid payment of the same may be enforced in the manner hereinbefore provided for enforcing a judgment recovered in the said Court.

Where any sum of money to the amount of twenty pounds or upwards has been recovered by the judgment of any District Court, the Clerk of such Court, upon the application of the judgment creditor or of any person on his behalf, shall deliver to the applicant a certificate in the form numbered (1) in the Second Schedule hereto or to the like effect.

Such Clerk shall register in his office a minute or memorandum of the granting of such certificate.

No such certificate shall be granted before the time when execution could be issued, nor, if any execution against the goods and chattels of the judgment debtor has been issued, until after the return of the warrant of execution; and after the granting of such certificate no further proceeding shall be taken upon such judgment in the District Court.

The applicant for such certificate may on receipt thereof file the same in the nearest office of the Supreme Court within the judicial district in which such District Court is, and may thereupon, without any previous process, sign final judgment in the Supreme Court in the form numbered (2) in the Second Schedule hereto or to the like effect, for the sum mentioned in such certificate as unpaid, together with interest thereon at the rate of six pounds per centum per annum from the day whereon the judgment of such District Court was given until the date of signing the said final judgment, and the fee paid for such certificate to the Clerk of the District Court, as well as all fees paid in the Supreme Court in respect of or in connection with the signing of the said final judgment.

Upon such final judgment execution may be issued forthwith, and all other remedies had thereon, in the same manner as upon any other judgment of the Supreme Court.

From such final judgment no appeal shall lie.

Any certificate or final judgment signed as hereinbefore provided may be set aside or amended by a Judge of the Supreme Court on such terms as to costs or otherwise as he deems just.

If either party to any proceeding is dissatisfied with the decision or direction of the Court or Judge on any point of law, or upon the admission or rejection of any evidence, such party may appeal against the same to the Supreme Court.

The party so appealing shall within ten days give security for compliance with the order made on such appeal, and within the same time deliver to the Clerk of the Court and to the other party a notice of appeal specifying the grounds thereof, and shall otherwise comply with the rules with respect to the prosecution of such appeals.

Such appeal shall be in the form of a case agreed on by both parties; and if they cannot agree, the Judge of the District Court, on application by them or either of them, shall settle the case and sign it; and such case may then be transmitted by either party to the Registrar of the Supreme Court for the district wherein such decision or direction has been given, or, in case both parties consent, to any other Registrar of the Supreme Court.

The Supreme Court may dispose of the appeal and make such order as seems just in respect thereof and of the costs incidental thereto.

No appeal shall lie from the decision of the Supreme Court unless the Judge thereof gives leave to appeal to the Court of Appeal, and the decision of the Supreme Court or Court of Appeal, as the case may be, shall be final.

Any three or more Judges of the Supreme Court (of whom the Chief Justice shall be one) shall from time to time make general rules or orders for regulating the proceedings on appeals and the costs and fees to be paid in respect of the same:

Provided that such rules or orders shall be subject to the approval of the Governor in Council.

No appeal shall lie from the decision of a District Court if before such decision is pronounced both parties agree in writing, signed by themselves or their solicitors or agents, that the judgment of the District Court shall be final.

Any action commenced in a District Court may be removed by writ of certiorari into the Supreme Court if such Court or a Judge thereof deems it desirable that the case should be tried in such Court, and if the party applying for such writ gives security, to be approved of by the Registrar of the Supreme Court, for the amount of the claim and the costs (not exceeding fifty pounds) of the trial, and further assents to such terms, if any, as the Supreme Court or Judge thereof thinks fit to impose.

The granting by the Supreme Court, or by a Judge thereof, of a rule or summons to show cause why a writ of certiorari or prohibition should not issue to a District Court shall, if the Supreme Court or a Judge thereof so directs, operate as a stay of the proceedings in the cause to which the same relates, until the determination of such rule or summons, or until such Supreme Court or Judge otherwise orders; and the Judge of the District Court shall from time to time adjourn the hearing of such cause to such day as he thinks fit until such determination or order is made:

Provided that if a copy of such rule or summons is not served on the opposite party and on the Clerk of the District Court three days before the day fixed for the hearing of the cause, the Judge of the District Court may, in his discretion, order the party who obtained the rule or summons to pay all the costs of the day, or so much thereof as he thinks fit, unless the Supreme Court or a Judge thereof has made some order respecting such costs.

Where application is made to the Supreme Court or a Judge thereof for a writ of prohibition to be addressed to a Judge or a District Court, the matter shall be finally disposed of by rule of order, and no declaration or further proceedings in prohibition shall be allowed.

No judgment, order, or determination given or made by any Judge of a District Court, nor any cause or matter brought before him, or pending in his Court, shall be removed appeal, prohibition, certiorari, or otherwise into any Court whatever, save and except in the manner and according to the provisions hereinbefore mentioned.

No writ of mandamus shall issue to a Judge or any officer of a District Court for refusing to do any act relating to the duties of his office; but any party requiring such act to be done may apply to the Supreme Court or to a Judge thereof, upon an affidavit of the facts, for a rule or summons calling upon the Judge or officer of the District Court, and also the party to be affected by such act, to show cause why such act should not be done.

If after the service of such rule or summons good cause is not shown, the Supreme Court or a Judge thereof may by rule or order direct the act to be done, and the Judge or officer of the District Court, upon being served with such rule or order, shall obey the same on pain of attachment.

In any event the Supreme Court or the Judge thereof may make such order with respect to costs as such Court or Judge deems fit.

In proceedings for the recovery of corporeal hereditaments, the landlord may enter a plaint either against the tenant or against the person failing to deliver up possession, in the Court of the district in which the premises are, and thereupon a summons shall issue to such tenant or person.

If the defendant does not, at the time named in the summons, show good cause to the contrary, then, on proof of his still neglecting or refusing to deliver up possession of the premises, and of the yearly value and rent of the premises and of the holding, and of the expiration or other determination of the tenancy, with the time and manner thereof, and of the title of the plaintiff, if such title has accrued since the letting of the premises, and of the service of the summons, if the defendant does not appear thereto, the Judge may order that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff, either forthwith or on or before such day as the Judge thinks fit to name.

If such order is not obeyed, the Clerk, whether such order can be proved to have been served or not, shall at the request of the plaintiff issue a warrant authorising and requiring the bailiff of the Court to give possession of such premises to the plaintiff.

In any plaint against a tenant under the last preceding section the plaintiff may add a claim not exceeding fifty pounds for rent and mesne profits, or both, down to the day appointed for the hearing, or to any preceding day named in the plaint, and any misdescription in the nature of such claim may be amended at the trial.

When the rent of any corporeal hereditament, where neither the value of the premises nor the rent payable in respect thereof exceeds fifty pounds by the year, is in arrear for three months, and the landlord has a right by law to re-enter for the non-payment thereof, he may, without any formal demand or re-entry, enter a plaint for the recovery thereof in the Court of the district wherein the premises are; and thereupon a summons shall issue to the tenant, the service whereof shall stand in lieu of a demand or re-entry.

If the tenant, five days before the return day of such summons, pays into Court all the rent in arrear, and the costs, the said action shall cease.

If he fails to make such payment, and does not at the time named in the summons show good cause why the premises should not be recovered, the Judge may order that possession of the premises mentioned in the plaint be given by him to the plaintiff on or before such day, not being less than four weeks from the day of hearing, as the Judge thinks fit to name, unless within that period all the rent in arrear and the costs are paid into Court:

Provided that such order shall not be made unless proof is given of the yearly value and rent of the premises, and of the fact that three months’ rent was in arrear before the plaint was entered, and that no sufficient distress was then to be found on the premises to countervail such arrear, and of the landlord’s power to re-enter, and of the rent being still in arrear, and of the title of the plaintiff, if such title has accrued since the letting of the premises, and of the service of the summons, if the defendant does not appear thereto.

If such order is not obeyed, and such rent and costs are not so paid, the Clerk shall, whether such order can be proved to have been served or not, at the request of the plaintiff, issue a warrant authorising and requiring the bailiff of the Court to give possession of the premises to the plaintiff.

The plaintiff shall from the time of the execution of such warrant hold the premises discharged of the tenancy, and the defendant, and all persons claiming by, through, or under him, shall, so long as the order of the Court remains unreversed, be barred from all relief in equity or otherwise.

A summons for the recovery of a tenement may be served like other summonses to appear to plaints in District Courts; and if the defendant cannot be found, and his place of dwelling is not known or admission thereto cannot be obtained for serving any such summons, a copy of the summons may be posted on some conspicuous part of the premises sought to be recovered, and such posting shall be deemed good service on the defendant.

Where a summons for the recovery of any such tenement is served on or comes to the knowledge of any under-tenant of the plaintiff’s immediate tenant, such under-tenant, being an occupier of the whole or of a part of the premises sought to be recovered, shall forthwith give notice thereof to his immediate landlord, under penalty of forfeiting to such landlord three years’ rack-rent of the premises held by him, to be recovered by action in the Court from which such summons was issued; and such immediate landlord, if not originally a defendant, may, on the receipt of such notice, be added or substituted as a defendant to defend possession of the premises in question.

Any warrant to a bailiff to give possession of a tenement shall justify him in entering upon the premises named therein, with such assistants as he deems necessary, and in giving possession accordingly; but no entry under any such warrant shall be made except between the hours of nine in the morning and four in the afternoon.

Every such warrant shall, on whatever day it is issued, bear date on the day next after the last day named by the Judge in his order for the delivery of possession of the premises in question, and shall continue in force for three months from such date, and no longer; but no order for delivery of possession need be drawn up and served.

No action or prosecution shall be brought against the Judge, or against the Clerk of the Court by whom any such warrant as aforesaid is issued, or against any bailiff or other person by whom such warrant is executed or summons affixed, for issuing such warrant or executing the same or affixing such summons respectively, by reason that the person by whom the same was sued out had no lawful right to the possession of the premises.

Where the landlord at the time of applying for such warrant as aforesaid had lawful right to the possession of the premises, neither the landlord nor his agent, nor any other person acting in his behalf, shall be deemed to be a trespasser by reason merely of any irregularity or informality in the mode of proceeding for obtaining possession under this Act, but the party aggrieved may, if he thinks fit, bring an action and recover for special damage:

Provided that if special damage is not proved the defendant shall be entitled to a verdict, and if proved, but assessed by the jury at a sum not exceeding two pounds, the plaintiff shall recover no more costs than damages, unless the Judge before whom the trial is held certifies that in his opinion full costs ought to be allowed.

The District Court may hear and determine any claim to partnership assets in the cases mentioned in section twenty-one hereof, and may either order payment of such sum as the Court finds the party making such claim entitled to, not exceeding the amount claimed, on such terms as the Court thinks fit, or may order the partnership assets to be realised and converted into money.

The Court by the same or any other order may appoint such person as Receiver (hereinafter termed “the Receiver”), at such rate of remuneration and subject to such terms as to security and otherwise, as the Court deems fit, to take possession of all the partnership assets and property, and of all books, deeds, documents, and papers relating to the partnership.

On the appointment of a Receiver the following provisions shall apply:—

Where the parties to any deed or instrument in writing executed by them agree that any then existing or future differences between them or any of them shall be referred to arbitration, and any one or more of the parties so agreeing, or any person claiming through or under him or them, commences any action against the other party or parties, or any of them, or against any person claiming through or under him or them, in respect of the matters so agreed to be referred or any of them, the Court in which such action is brought may, on application by the defendant before or after a statement of defence is filed, upon being satisfied that there is no sufficient reason why such matters cannot be or ought not to be referred to arbitration, and that the defendant was at the time of the bringing of such action, and still is, ready and willing to join in all acts necessary and proper for causing such matters so to be decided by arbitration, order that all proceedings in such action be stayed, and make such order as to costs and otherwise as the Court deems fit:

Provided that such order may at any time afterwards be discharged or varied as justice may require.

The Judge of any District Court may in any case, with the consent of both parties to the action, order the same, with or without other matters in the jurisdiction of the Court in dispute between the parties, to be referred to arbitration, to such persons and in such manner and on such terms as he thinks reasonable and just; and such reference shall not be revocable by either party except by consent of the Judge; and the award of the arbitrators or umpire shall be entered as the judgment in the cause, and shall be as binding and effectual to all intents as if given by the Judge.

It shall be lawful for the Judge, if he thinks fit, on application to him at the first Court held after the expiration of seven days after the entry of such award as a judgment of the Court, to set aside any such award and judgment so given and entered as aforesaid; or he may, with the consent of both parties, revoke the reference, or order another reference to be made in the manner aforesaid; and no execution shall issue without leave of the Judge until after such first Court has been held.

If an action is brought contrary to good faith, or is vexatious or frivolous, the Court may on summons order the same to be stayed, and may make such order as to terms, costs, and otherwise as the Court deems fit.

Where in any action of contract brought in the Supreme Court the claim indorsed on the writ does not exceed one hundred pounds, or where such claim, though originally for more than one hundred pounds, is reduced by payment into Court, payment, an admitted set-off, or otherwise to a sum not exceeding one hundred pounds, a Judge of the Supreme Court, on the application of either party after issue joined, may, in his discretion, and on such terms as he thinks fit, order that the cause be tried in any District Court which he appoints.

The plaintiff shall thereupon lodge such order, with the Clerk of such Court; and the Judge of such Court shall appoint a day for the hearing of the cause, notice whereof shall be given to both parties or their solicitors in such manner as such Judge directs.

After such hearing the Clerk shall certify the result to the Registrar of the Supreme Court, and judgment in accordance with such certificate may be signed in such Supreme Court.

If an action is brought by an officer of a District Court in the Court of which he is an officer, the following provisions shall apply

If an action is brought against an officer of a District Court, the summons may issue either in the district wherein he acts as such officer, or in any adjoining district the Judge of which is not the Judge of the Court whereof the defendant is an officer.

A Judge proposing to sue any person dwelling or carrying on business in any district of which he is the Judge may bring his action in the Court of any adjoining district of which he is not the Judge; and any person proposing to sue a Judge may bring his action in the Court of any district adjoining the district of which the defendant is the Judge.

The Governor in Council may, with the concurrence of any one of the Judges of the Supreme Court, frame general rules and orders for regulating the practice of District Courts and the form of proceeding therein.

Where the time or manner of taking any proceeding in District Courts is not prescribed by this Act, such time and manner shall be appointed by the rules of practice, orders, and forms made as provided in the last preceding section.

All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be commenced within three months after the cause of action arose, and notice in writing of any such action, and of the cause thereof, shall be given to the defendant one month at least before the commencement of the action; and no plaintiff shall recover in any such action if tender of sufficient amends has been made before action brought, and if after action brought a sufficient sum of money, together with costs, is paid into Court by or on behalf of the defendant.

Where an action is brought against any person for anything done under this Act, production of the warrant therefor under the seal of the District Court shall be deemed sufficient proof that the warrant was issued by the authority of the said Court.

No order, verdict, judgment, or other proceeding concerning any of the matters aforesaid shall be quashed or vacated for want of form.

The Judge of a District Court may at all times amend all defects and errors in any proceeding in such Court, whether there is anything in writing to amend by or not, and whether or not the defect or error was the fault of the party applying to amend; and all such amendments may be made with or without costs, and upon such terms as the Judge deems fit; and all such amendments as may be necessary for the purpose of determining in the existing action the real question at issue between the parties shall, if duly applied for, be so made.

No officer of a District Court executing any warrant of any such Court, and no person at whose instance any such warrant is executed, shall be deemed a trespasser by reason of any irregularity or informality in any proceeding on the validity whereof such warrant depends, or in the form of such warrant, or in the mode of executing it.

The party aggrieved may bring an action for any special damage sustained by reason of such irregularity or informality against the party guilty thereof, but shall not in such action recover any costs unless the damages awarded exceed two pounds.

Where a party is required to give security, the same shall be given for such amount and in such manner and form as the Judge of the District Court directs, or, failing such direction, as the Clerk of the Court directs.

The Court may in any case make such order in respect of the enforcement or disposal of such security as it deems just.

No action shall be brought in a District Court on any judgment of the Supreme Court.

The payment of a fine imposed by any Court under this Act may be enforced, upon the order of a Judge, in like manner as payment of any debt adjudged in the said Court.

An action in a District Court shall not abate on the bankruptcy of the plaintiff, if the action is one that the Assignee might maintain for the benefit of the creditors, and the Assignee elects to continue such action and gives security for the costs thereof, within such reasonable time as the Judge may order, but in such case the hearing of the cause may be adjourned until such election is made.

If the Assignee does not elect to continue the action, or does not give such security within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

For the purpose of bringing a criminal case under the cognisance of the Court an indictment shall be signed by the Attorney-General, or by the Crown Prosecutor of the district, and such indictment so signed shall be as valid and effectual in all respects as if the same had been presented by a Grand Jury.

For the purpose of enforcing the attendance of jurors, witnesses, and others, the production of books, papers, and writings, and for the summary punishment of contempt, any such Court while sitting as a Court of criminal jurisdiction shall have and may exercise such powers as the Supreme Court may exercise by any law for the time being in force:

Provided that the process for the recovery of any fine or recognisance forfeited at any sitting of the Court for the despatch of criminal business shall be signed by the Judge of the Court.

The Judge of any District Court may, if he thinks fit, reserve any point of law arising in any criminal case for the opinion of the Supreme Court, and defer passing judgment thereon until such opinion has been given, and in such case shall pass judgment in conformity with the opinion given.

Where it appears to the Judge of any District Court that any offence brought before such Court ought from its nature, or magnitude, or difficulty to be tried by the Supreme Court, he may leave the case for trial before the Supreme Court, and may take recognisances, with or without sureties, for the appearance of the parties and witnesses thereat.

Such recognisances shall, as soon as may be, be returned to the Supreme Court.

In all respects, except as hereinbefore provided, the procedure of a District Court as a Court of criminal jurisdiction shall be the same as the procedure of the Supreme Court in like matters.

The Governor may from time to time, by notice in the Gazette, fix the times and places within each district at which the Court shall be held, and in like manner alter or abolish such times and places, as he thinks fit; or he may, if he thinks fit, fix the interval only within which the Court shall be held at each place, and in such case the Judge of the Court may fix the particular times or days for the holding thereof, and may from time to time alter the same to other times and days within the interval so fixed by the Governor.

Such times and days shall be notified by affixing a notice in a conspicuous position in the Courthouse of the place where the Court is to be held, and by publishing a notice thereof in the Gazette.

Where, by reason of the death or absence of a Judge, a District Court cannot be held, the Clerk, or in his absence the bailiff, shall adjourn the Court to such day as he deems convenient.

ft shall be lawful for the Judge of any District Court to prescribe such regulations as he from time to time deems necessary for the orderly transaction of the business of his Court.

All affidavits to be used in any Court held under this Act may be sworn before any Judge of such Court, or before any person authorised to take affidavits in the Supreme Court, or before any Justice.

If any person wilfully insults the Judge, or any juror, or any bailiff, Clerk, or officer of any District Court, during his sitting or attendance in Court, or in going to or returning from the Court, or wilfully interrupts the proceedings of the Court, or otherwise misbehaves in Court, it shall be lawful for any bailiff or officer of the Court, with or without the assistance of any other person, by order of the Judge, to take such offender into custody and detain him until the rising of the Court.

The Judge may, if he thinks fit, by a warrant under his hand and sealed with the seal of the Court, commit any such offender to prison for any time not exceeding fifteen days, or impose upon any such offender a fine not exceeding ten pounds for every such offence, and in default of payment thereof commit the offender to prison for any time not exceeding fifteen days, unless the said fine is sooner paid.

No person shall serve or execute, or cause to be served or executed, on Sunday any writ, process, warrant, order, judgment, or decree of the District Court (except in cases of crime or of breach of the peace), and such service or execution shall be void to all intents and purposes whatsoever.

Every person who commits a breach of this section is liable to a fine not exceeding ten pounds, to be recovered in a summary way.

Nothing in this section shall be construed to annul, repeal, or in any way affect the common law, or the provisions of any statute or rule of practice or procedure, now or hereafter in force, authorising the service of any writ, process, or warrant in cases other than those hereinbefore excepted.

All proceedings pending in the Court of any district that has been altered in its boundaries or abolished may be continued in any Court the Judge whereof has jurisdiction within any area comprised in the district so altered or abolished.

For such purpose the said Judge shall be deemed to have all the jurisdiction of a Judge of the Court of the original district as existing previous to its alteration or abolition, as the case may be, and may issue any distress, execution, or warrant, and make all orders to enforce satisfaction of any judgment or order, and do all things necessary for the purpose of completing or concluding any such proceedings pending as aforesaid.

The production of a certificate under the hand of the officer having in his lawful custody the records of the Court of the district so altered or abolished, to the effect that any judgment or order was given or made by such Court and remains unsatisfied, shall be sufficient evidence of the facts so stated:

Provided that, where it is sought to issue a judgment summons upon any judgment or order given or made as aforesaid, a certified copy of such judgment or order under the hand of such officer as aforesaid shall be first obtained.