The Schedule of Forms and Scale of Fees hereunto annexed shall form part of these Rules.

In construing these Rules and Forms, the following terms, in inverted commas, shall bear the several meanings set against them respectively:

"The Act." The "Gold Fields Act, 1862." (26 Victoria, No. 21.) "Clerk," "Bailiff." The Clerk, Bailiff, or person duly appointed and authorised to act as such respectively.

"Oath" shall include affirmation.

Words importing the masculine gentler only shall include females, and importing the singular number shall be extended to the plural number.

Every Warden's Court shall be holden at such place and times as the Judge shall appoint, and he may from time to time adjourn the Court.

There shall be for every Warden's Court a Clerk, who shall be appointed by and hold office during the pleasure of the Governor or the Superintendent, or other person duly delegated by the Governor to exercise such power under the Act.

It shall be lawful for the Judge of the Court to appoint a Deputy to act for the Clerk as often as he shall be prevented by illness or other cause from acting in his office, and an entry of such appointment, and the cause of the Clerk's absence, shall be made in the Minute Book of the Court.

The Clerk of Court shall issue all Summonses, Warrants, and Writs of Execution, keep an account of all proceedings, take charge of and keep an account, in a book to belong to the Court, of all fees and fines payable or paid into Court, and of all monies paid into and out of Court, adjourn the Court to any day he may deem convenient when page 34 from any cause a Court cannot be held on the day appointed, and shall do and perforin all other acts and duties properly incident to the office of Clerk.

There shall also be a Bailiff of Court, who shall be appointed by and hold office during the pleasure of the Judge thereof.

The Bailiff shall attend the sittings of the Court, unless when his absence shall be allowed by the Judge, and shall, when required, serve all Summonses and Orders, and execute all the Warrants and Writs issued out of the Court, and in other respects shall be subject to the directions of the Judge.

The parties in every Complaint, Action, and Proceeding shall appear and act personally or by a Barrister or Solicitor of the Supreme Court, and not otherwise, unless under special circumstances the Judge permits any party to appear by an agent, not being a Barrister or Solicitor.

No officer of the Court shall, either by himself or by any partner or person in his employment, be directly or indirectly engaged as Counsel, Attorney, or Agent for any party in any proceeding in the Court.

Every action shall be commenced by a complaint and summons in the form or to the effect in the Schedule hereto annexed.

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.

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 recovery or relief claimed.

Such summonses may be issued against any defendant residing or being without the District within which the Court has jurisdiction (but not out of the Province) provided it clearly appear from the complaint that the cause of action is otherwise within the jurisdiction of the Court.

The service of any Summons shall be by delivering a copy of the same to the Defendant (or if more than one, to each of them) personally; or if he cannot be found, by leaving such copy at his place of abode; or in case of co-partners, at the claim, station, or other place of business of the firm.

The Summons may be served by the Bailiff, or by any other person whom the Court may authorise, and he shall by a certificate under his hand certify the time and mode of such service, to be endorsed on the Summons, without prejudice to the Judge taking proof thereof by oath if he think fit.

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

The parties shall be heard in open Court upon the day appointed, but the Judge 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.

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

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, either alone or with the assistance of Assessors or Jurors.

Whenever the Court shall make a Decree, in the absence of any party interested in the subject matter of the suit, binding the rights of such party, the Judge may in his discretion, at the same or any subsequent Court, set aside such Decree, or any part thereof, and grant a re-hearing of the suit upon such terms, if any, as to payment of costs, giving security or otherwise as he may think fit, on sufficient cause shown for that purpose.

When both parties appear, and from the nature of the cause or the conflicting statements of the parties it shall be necessary to take evidence, either party may before, but not after, any evidence is taken, move that the cause be tried with the assistance of Assessors or Jurors.

If from the nature of the case (e.g. an encroachment to an unlawful or injurious operation) the Court deem it necessary to repair to the spot, and there on view investigate and determine the matter, the Court may proceed forthwith, or appoint a time for that purpose, and order the parties and witnesses then and there to attend.

In all actions brought before the Court, the Judge shall be sole Judge, unless he think fit to take the assistance of Assessors or Jurors, or unless either of the parties shall move that the complaint be tried by Assessors or Jurors, and shall pay into Court the costs for the summoning and attendance of the Assessors or Jurors.

The Assessors or Jurors shall consist of four persons of full age and good repute, who may be selected by the parties in the cause, from indifferent persons present in Court, if the said parties concur in this mode of proceeding. If they do not so concur, the trial shall be adjourned to another day, to be then fixed.

The Clerk of Court shall thereupon cause to be summoned twelve Assessors or Jurors residing within the district, for the trial of the cause upon the day appointed.

The Assessors or Jurors so summoned shall be chosen from time to time in alphabetical order, as their names shall appear in the Jury List for the district, which List shall be yearly, or oftener if he think proper, prepared by the Judge of the Court, and shall contain the names of all men residing within the jurisdiction of the Court, being holders of Miners' Rights or Business Licenses.

It shall not be necessary to summon more than twelve Assessors or Jurors to attend any one sitting of the Court, and those summoned for the trial of any one cause shall be deemed to have been page 36 summoned for the trial of all causes to be tried at the same sittings of the Court with the assistance of Assessors or Jurors.

Every summons of an Assessor or Juror shall be served on him personally, or by leaving the same at his ordinary place of abode, at least one clear day before the sitting of the Court.

When the Assessors or Jurors shall be in attendance, if their number shall be odd, the Clerk shall strike off one, and the number being even, the complainant and defendant alternately shall each strike off one until the number be reduced to four.

The four thus remaining shall be empannelled and sworn to give their verdict in the cause to be brought before them.

Every such Juror thus empannelled shall be entitled to receive from the Clerk of the Court the sum of ten shillings, and the expense thereby incurred shall he costs in the cause.

If either party shall neglect or refuse to strike the Jury as above provided, or if the defendant shall be absent, it shall be lawful for the Clerk of the Court to strike the Jury instead of such neglecting, refusing, or absent party.

No evidence shall be given by either party on the trial of any case except such evidence as may be material to the right of action, or to the defence.

It shall not be necessary that the Assessors or Jurors give an unanimous verdict, but judgment shall be entered up in pursuance of the verdict of the majority.

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

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

It being competent to the Court, whenever it shall seem 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 an 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 Judge may issue such order or injunction in the meantime. And afterwards on hearing the parties, may recall the same, or otherwise decide as he may see fit.

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

The Judge 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.

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

The complainant's solicitor shall be entitled to receive in full for his fees and costs, in addition to the costs actually paid by him, a sum not exceeding £

The defendant's solicitor shall in every case in which judgment shall be given for or against the defendant, be entitled to recover in full of his costs and fees, in addition to the costs actually paid by him, a sum not exceeding £

The Judge may make such order as he may think fit, concerning the times, and by what instalments, any sum of money for which judgment shall be obtained shall be paid; and all such money shall be paid into Court unless the Judge shall otherwise direct.

Every Order, Decree, or Judgment made by the Court, shall be carried out and enforced in the same manner as any order or judgment of a Resident Magistrate may be enforced according to the Law for the time being in force for regulating summary proceedings before Justices of the Peace.

The Judge may at all times amend all defects and errors in any proceeding in this Court.

In default of the payment of any Fees, payment thereof, by order of the Judge, may be enforced by such means as may be employed to recover any sum of money adjudged by the Court to be paid.

The Judge, the Clerk, and any other Officer, may refuse to do any act for which a fee shall be demandable, unless such fee shall be first paid.

The appeal allowed by Section 25 of the Act shall be in the form of a case, agreed on by both parties or their Solicitors; and if they cannot agree, the Judge of the Warden's Court, upon being applied to by them or their Solicitors, shall settle the case and sign it, and such case shall be transmitted by the Appellant to the Registrar of the Court of Appeal.

The Judge may, in pursuance of the 27th 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.