Legal regulations and forms




114

NELSON GOVERNMENT GAZETTE.

  1. 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.

  2. 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.

  3. The costs for the summoning and attendance
    of assessors shall be paid into Court before they are
    summoned.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. The Warden may at all times amend all defects
    and errors in any proceedings of the Court.

  11. 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.

  12. 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.

  13. 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.

  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,
    &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.

  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, &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.



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PDF PDF Nelson Provincial Gazette 1873, No 26





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⚖️ Rules for regulating the procedure and practice of Wardens' Courts (continued from previous page)

⚖️ Justice & Law Enforcement
Wardens' Courts, Legal procedure, Court rules, Schedule of forms, Complaint, Summons