Warden's Court Forms




180
Whereas complaint hath this day been
made before me the undersigned, the Judge
of the said Court, by A. B. (address, de-
scription, &c.,) Complainant, against C. D.
(address, description, &c.,) Defendant.

  1. That (here set forth briefly but dis-
    tinctly 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.,
    as in complaint.) Wherefore Complainant
    claims that the Defendant be adjudged to
    (here state the nature of the claim or relief
    sought as in the complaint). These are
    therefore to command you the said C. D., in
    Her Majesty’s name, to be and appear on
    the ...... day of ...... 18...... at ...... o’clock in
    the ...... noon, at the Court House, at ...... ,
    before me, to answer to the said complaint
    and demand (in any case falling under Rule
    39, in which in the complaint an interim
    injunction is claimed, here insert.) And in
    the meanwhile you are hereby enjoined to
    desist from (here state the matter of in-
    junction distinctly) under the penalty, in
    case of disobedience of this injunction, con-
    tained in the Act.

Given under my hand and Seal this ......
day of ...... in the year of our Lord
18....... at ...... in the district afore-
said.
(L.S.)
..................
Judge.

  1. Certificate of Service.

I ...... Bailiff to the Warden’s Court at ...... ,
do hereby certify that I served ...... mentioned
in the within Summons, with a copy thereof
on the ...... day of ...... 18...... , between the
hours of ...... and ...... noon.
E. F.

  1. Summons to a Witness.

In the Warden’s Court of ...... holden at
....... between A. B ....... Plaintiff, and
C. D., ...... Defendant.
You are hereby required to attend at the
Court House in ...... on the ...... day of ......
18,...... at the hour ...... in the ...... , to give
evidence in the above cause, on behalf of
(Plaintiff or Defendant as the case may be)
and then and there to have and produce
(state any particular documents required)
and all other books, papers, writings, and
other documents relating to the said action,
which may be in your custody, possession, or
power. In default of your attendance you
will be liable to a penalty of Five Pounds,
under Section 54 of the Gold Fields
Act, 1862.

Dated this ...... day of ...... 18......
C. D.,
Clerk of Court.
To A. B. (address, description, &c.)

  1. Clerk’s Notice of Jury.

In the Warden’s Court of ...... holden at
...... , between A. B ....... Plaintiff, and
C. D. Defendant.
Take notice that this case will be tried by
a Jury, the Plaintiff (or Defendant as the
case may be) having demanded a Jury
therein.

Dated this ...... day of ...... 18......
C. D.
Clerk of Court.
To the Plaintiff or Defendant
as the case may be (ad-
dress, description, &c.)

  1. Summons to Juror.

In the Warden’s Court of ...... holden at ......
You are hereby summoned to appear and
serve as a Juror in this Court, at the (Court
House) on the ...... day of ...... 18...... at the
hour of ...... in the ...... noon, upon the trial
of the cause or causes to be then tried by a
Jury, and in default of attendance you will
be liable to a penalty of Five Pounds, under
Section 54 of the Gold Fields Act, 1862.

Dated this ...... day of ...... 18......
C. D.
Clerk of Court.
To (address, description, &c.)

  1. Order fining a Juror for Non-attendance.

In the Warden’s Court of ...... holden at ......
Whereas ...... was duly summoned to appear
and serve this day as a Juror in this Court,
upon the trial of the cause or causes to be
tried by Jury at this Court : And whereas
he has neglected, without sufficient cause
shown, to appear and serve as a Juror at
this Court, it is hereby ordered that he shall
forthwith (or on the ...... day of ...... 18......)
pay to the Clerk of this Court a fine of £ ...... *
for such neglect.

Dated the ...... day of ...... 18......
By the Court,
C. D.,
Clerk of Court.

Hours of attendance at the Office of the
Clerk (place of office) from ...... until ......
except on (here insert the days of the week
on which the office will be closed) when the
office will be closed.

  1. Bond—Where Plaintiff is Appellant.

Know all men by these presents, that we,
A. B. of ...... , C. D. of ...... , and E. F. of ......
are jointly and severally held and firmly
bound unto G. H. of ...... , in £ ...... , to be
paid to the said G. H., or his certain Soli-
citor, Executors, Administrators and Assigns,
for which payment to be made we bind our-
selves, and each and every of us in the
whole, our and each of our heirs, executors,
and administrators, jointly and severally,
firmly by these presents. Sealed with our
Seals, and dated this ...... day of ...... one
thousand eight hundred and ...... .

Whereas a cause is now depending in the
Warden’s Court of ...... , holden at ...... ,
wherein the above bounden A. B. is Plaintiff,
and the above-named G. H. is Defendant;
and whereas the above cause came on for
trial in the said Court on the ...... day of ......

*A sum sufficient to cover the costs of appeal, say £ ......... ,
being double the estimated amount.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1865, No 26





✨ LLM interpretation of page content

⚖️ Warden's Court Rules (continued from previous page)

⚖️ Justice & Law Enforcement
Court Rules, Procedure, Practice, Warden's Court

⚖️ Summons to Defendant

⚖️ Justice & Law Enforcement
Summons, Defendant, Warden's Court
  • A B, Complainant
  • C D, Defendant

  • Judge

⚖️ Certificate of Service

⚖️ Justice & Law Enforcement
Service, Summons, Warden's Court
  • E F, Bailiff

⚖️ Summons to a Witness

⚖️ Justice & Law Enforcement
Summons, Witness, Warden's Court
  • A B, Plaintiff
  • C D, Defendant
  • A B, Witness

  • C. D., Clerk of Court

⚖️ Clerk’s Notice of Jury

⚖️ Justice & Law Enforcement
Jury, Notice, Warden's Court
  • A B, Plaintiff
  • C D, Defendant

  • C. D., Clerk of Court

⚖️ Summons to Juror

⚖️ Justice & Law Enforcement
Summons, Juror, Warden's Court
  • C. D., Clerk of Court

⚖️ Order fining a Juror for Non-attendance

⚖️ Justice & Law Enforcement
Fine, Juror, Non-attendance, Warden's Court
  • C. D., Clerk of Court

⚖️ Bond—Where Plaintiff is Appellant

⚖️ Justice & Law Enforcement
Bond, Appellant, Warden's Court
  • A B, Plaintiff
  • C D, Defendant
  • E F, Defendant
  • G H, Defendant