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.

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

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

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

  17. 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.

  18. 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.

  19. 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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Online Sources for this page:

VUW Te Waharoa PDF Marlborough Provincial Gazette 1864, No 71





✨ 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 Enforcement
6 October 1862
Warden's Court, Rules, Procedures, Marlborough, Gold Fields Act