Nelson Provincial Gazette – 1868 – No. 29

Page 158

✨ Wardens' Court Regulations



NELSON SOUTH-WEST GOLD-FIELDS. 19

WARDENS' COURTS.

RULES FOR REGULATING THE PROCEDURE AND PRACTICE OF WARDENS' COURTS.

  1. The Schedule of Forms and Scale of Fees hereunto annexed, shall form part of these Rules.

  2. In construing those Rules and Forms, the following terms, in inverted commas, shall bear the several meanings set against them respectively :—

"The Act:" The Gold-fields Act, 1866, as amended by The Gold-fields Act Amendment Act, 1867.

"Clerk," "Bailiff:" The clerk, bailiff, or person duly appointed and authorized to act as such respectively.

"Oath" shall include affirmation.

Words importing the masculine gender only shall include females, and importing the singular number shall be extended to the plural number.

  1. Every Warden's Court shall be holden in such place and at such times as the Warden shall appoint, and he may from time to time adjourn the Court.

  2. There shall be for every Warden's Court a clerk, who shall be appointed by, and hold office during the pleasure of the Governor, or the Superintendent, or other person or authority duly delegated by the Governor to exercise such power under the Act.

  3. It shall be lawful for the Warden to appoint a deputy, to act for the clerk, as often as he shall be prevented by illness or other cause from acting in his office, and an entry of such appointment, and the cause of the clerk's absence, shall be made in the minute-book of the Court.

  4. The Clerk of the Court shall issue all summonses, warrants, and writs of execution, keep an account of all proceedings, take charge of and keep an account, in a book to belong, to the Court, of all fees and fines payable or paid into Court, and of all moneys paid into and out of Court, adjourn the Court to any day he may deem convenient when from any cause a Court cannot be held on the day appointed, and shall do and perform all other acts and duties properly incident to the office of clerk.

  5. There shall also be a bailiff of the Court, who shall be appointed by and hold office during the pleasure of the Warden thereof.

  6. The bailiff shall attend the sittings of the Court, unless when his absence shall be allowed by the Warden, and shall, when required, serve all summonses and orders, and execute all the warrants and writs issued out of the Court, and in other respects shall be subject to the directions of the Warden.

  7. The parties in every complaint, action, and proceeding, shall appear and act personally, or by a barrister or solicitor of the Supreme Court, or in the absence of any barrister or solicitor, and by leave of the Warden, by an agent to be appointed by the plaintiff or defendant, in writing.

  8. No officer of the Court shall, either by himself or by any partner or person in his employment, be directly or indirectly engaged as counsel, attorney, or agent for any party in any proceeding in the Court.

  9. Every action shall be commenced by a complaint and summons, in the form or to the effect in the Schedule hereto annexed.



Next Page →



Online Sources for this page:

PDF — PDF Nelson Provincial Gazette 1868, No 29




✨ LLM interpretation of page content

⚖️ Rules for regulating the procedure and practice of Wardens' Courts

⚖️ Justice & Law Enforcement
Wardens' Courts, Gold-fields, Legal procedure, Regulations, Nelson South-West