Warden's Court Rules




NEW ZEALAND

GOVERNMENT GAZETTE.

PROVINCE OF CANTERBURY.

Published by Authority.

All Public Notifications which appear in this Gazette, with any Official Signatures, are to be considered as Official Communications made to those persons to whom they may relate, and are to be obeyed accordingly.

By His Honor's Command,
WILLIAM ROLLESTON,
Provincial Secretary.

VOL. XII. TUESDAY, MAY 16, 1865. [No. XXVI.]

Provincial Secretary's Office,
Christchurch, May 11, 1865.

His Honor the Superintendent directs the publication of the following Warden's Court Rules for the Province of Canterbury.

WM. ROLLESTON,
Provincial Secretary.

Extracted from New Zealand Gazette, No. 15,
May 4, 1865.

RULES

FOR REGULATING THE PROCEDURE AND PRACTICE OF WARDENS' COURTS WITHIN THE PROVINCE OF CANTERBURY.

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

  2. 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 gender only shall include females; and importing the singular number shall be extended to the plural number.

  1. 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.

  2. 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.

  3. 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.

  4. The Clerk of the 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 moneys paid into and out of Court, adjourn the Court to any day he may deem convenient when from any cause a Court cannot be held on the day appointed, and shall do and perform all other acts and duties properly incident to the office of Clerk.

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

  6. 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.

  7. 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.

Vol. 12.—No. 26.



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Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1865, No 26





✨ LLM interpretation of page content

🏛️ Publication of Warden's Court Rules

🏛️ Governance & Central Administration
11 May 1865
Warden's Court, Rules, Canterbury, Gold Fields Act
  • William Rolleston, Provincial Secretary
  • His Honor the Superintendent

⚖️ Warden's Court Rules

⚖️ Justice & Law Enforcement
Court Rules, Procedure, Practice, Canterbury