✨ Warden's Court Rules
old, 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 be 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
deem 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 two Guineas. -
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 two Guineas. -
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
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✨ LLM interpretation of page content
⚖️
Rules for Regulating the Procedure and Practice of Wardens' Courts within the Province of Marlborough
(continued from previous page)
⚖️ Justice & Law Enforcement6 October 1862
Warden's Court, Rules, Procedures, Marlborough, Gold Fields Act
Marlborough Provincial Gazette 1864, No 71