Warden's Court Forms




54

transmitted by the Appellant to the Registrar of the Court of Appeal.

  1. 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 Marlborough, New Zealand.

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

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 Marlborough, New Zealand.

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

Whereas complaint hath this day been made before me the undersigned, the Judge of the said Court, by A. B. (address, description, etc.) Complainant, against C. D. (address, description, etc.) 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, etc.);

Wherefore the 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 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 injunction distinctly) under the penalty in case of disobedience of this injunction, contained in the Act.

Given under my hand and seal this day of in the year of our Lord 18 , at in the District aforesaid.

Judge.


3. Certificate of Service.

Bailiff to the Warden’s Court

I 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.


4. 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 of in the noon, 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 any particular documents, writings, and other documents relating to this 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 33 of the Gold Fields Act, 1862.

Dated this day of , 18 .

C. D.,
Clerk of Court.

To A. B. (address, description.)


5. 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,
(address, description.)


6. 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 33 of the Gold Fields Act, 1862.

Dated this day of , 18 .

C. D.,
Clerk of Board.

To (address, description.)


7. 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



Next Page →



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

⚖️ Schedule of Forms for Warden's Court

⚖️ Justice & Law Enforcement
Forms, Complaint, Summons, Certificate, Witness, Jury, Juror, Warden's Court, Marlborough
6 names identified
  • A B, Complainant in form example
  • C D, Defendant in form example
  • E F, Bailiff in form example
  • C D, Clerk of Court in form example
  • A B, Witness in form example
  • C D, Juror in form example