[Legal Proceedings and Regulations]

number being even, the Complainant and Defendant alternately shall each strike off one until the number be reduced to four.

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

32. 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 be costs in the cause.

33. 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.

34. 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.

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

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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.

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

45. 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.

46. 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 first be paid.

47. 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.

48. 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.

Schedule of Forms

1. Complaint.

In the Warden’s Court of...... District,
in the Province of Canterbury, New Zealand.

Be it remembered that upon the......
day of...... 18......, cometh before me the undersigned, Judge of the...... District Warden’s Court, sitting at...... in the said Province, A. B., (address, description, &c.,) and complains against C. D., (address, description, &c.,) Defendant.

1. That (here 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, state each substantively, numbering them 1, 2, 3, &c.)

Wherefore the Complainant claims that the Defendant be adjudged to (here state the nature of the claim or relief sought).

Stated before me at...... aforesaid, this...... day of......, 18......

...................
Judge.

2. Summons.

In the Warden’s Court of...... District,
in the Province of Canterbury, New Zealand.

A. B. (address, description, &c.,) Complainant,
and C. D. (address, description, &c.) Defendant.