✨ Legal regulations and forms
114
NELSON GOVERNMENT GAZETTE.
-
If the complainant do not appear at the time
appointed, and good cause for his absence be not
shown, the Warden shall dismiss the complaint, and
award a sum to the defendant as costs, or adjourn the
hearing of the same. -
If the defendant do not appear, the Court may
either hold him as confessed, and give judgment
accordingly, or institute such inquiry into the cause of
action as may be deemed necessary, and thereupon
pronounce such decision as may be consistent with the
ends of justice. -
The costs for the summoning and attendance
of assessors shall be paid into Court before they are
summoned. -
It shall not be necessary to summon more than
eight assessors to attend any one sitting of the Court;
and those summoned for the trial of any one cause
shall be deemed to have been summoned for the trial
of all causes to be tried at the same sittings of the
Court, with the assistance of assessors. -
It being competent to the Court, whenever it
shall see 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 be set forth sufficient
grounds, in the opinion of the Court, for the 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 ir-
reparable or serious injury; and if such relief or
remedy be then claimed, the Warden may issue such
order or injunction in the meantime; and afterwards,
on hearing the parties, may recal the same, or other-
wise decide as he may see fit. -
All the costs of any complaint or proceeding
shall be taxed by the Warden, and shall be paid or
apportioned by or between the parties, or such of
them, and in such manner as to the Warden shall
seem fit; but in default of any special direction, such
costs shall abide in the event of the action. -
The Warden 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 hereto annexed. -
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. -
The Warden may make such order as he may
think fit concerning the times, and by what instal-
ments, 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. -
The Warden may at all times amend all defects
and errors in any proceedings of the Court. -
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. -
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. -
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.
SCHEDULE 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, descrip-
tion, &c.], and complains against C.D. [address des-
cription, &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 defend-
ant 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 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.,
as in complaint]. Wherefore the complainant claims
that the defendant be adjudged to [here state the
nature of the claim or relief sought, as in the com-
plaint]: 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 the said complaint and de-
mand [in any case falling under rule 22, in which the
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 in-
junction 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.
Next Page →
✨ LLM interpretation of page content
⚖️
Rules for regulating the procedure and practice of Wardens' Courts
(continued from previous page)
⚖️ Justice & Law EnforcementWardens' Courts, Legal procedure, Court rules, Schedule of forms, Complaint, Summons
Nelson Provincial Gazette 1873, No 26