✨ Regulations for Wardens' Courts
NELSON SOUTH-WEST GOLD-FIELDS. 21
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The costs of witnesses, whether they have been examined or not, may in the discretion of the Warden be allowed, although they may not have been summoned.
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The Warden may make such order as he may think fit concerning the times, and by what instalments, any sums of money for which judgment shall be obtained, shall be paid; and all such money shall be paid into Court, unless the Warden shall otherwise direct.
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The Warden may at all times amend all defects and errors in any proceedings of the Court.
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In default of the payment of any fees, payment thereof, by order of the Warden, may be enforced by such means as may be employed to recover any sum of money adjudged by the Court to be paid.
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The Warden, the Clerk, and any other officer, may refuse to do any act for which a fee shall be demandable, unless such fee shall first be paid.
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The Judge may, in pursuance of Section XCVI. 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.
SCHEDULES OF FORMS.
I.—COMPLAINT.
In the Warden's Court of District, in the of , New Zealand.
Be it remembered, that upon the day of 18 , cometh before me the undersigned, Judge of the District Warden's Court, sitting at in the said , A.B. [address, description, &c.], and complains against C.D. [address, description, &c.], defendant.
- 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, &c.]
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.
II.—SUMMONS.
In the Warden's Court of District, in the of , New Zealand, A.B. [address, description, &c.], complainant; and C.D. [address, description, &c.], defendant.
Whereas complaint hath this day been made before me, the undersigned, the Judge of the said Court, by A.B. [address, description, &c.], complainant, and C.D. [address, description, &c.], defendant.
- 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, &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 22, 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 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.
[L.S.] Judge.
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Nelson Provincial Gazette 1868, No 29
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Rules for regulating the procedure and practice of Wardens' Courts
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⚖️ Justice & Law EnforcementWardens' Courts, Gold-fields, Legal procedure, Regulations, Nelson South-West, Forms, Complaint, Summons