New Zealand Gazette – 1856 – No. 32

Page 253

✨ Court Jurisdiction Act Text



253

  1. The Superintendent of the Province within which any such Superintendent to fix
    Resident Magistrates Court shall be situated, shall, by Proclamation
    in the Government Gazette of such Province, fix the days upon which
    such Court shall sit to hear and determine causes under the pro-
    visions of this Act.
    times of sitting.

  2. Every case of a civil nature, of such kind as may now be Jurisdiction extended
    lawfully tried in any Resident Magistrate's Court where the debt or to £100.
    damage claimed does not exceed £20, may be tried in a Resident
    Magistrate's Court in respect to which this Act is in operation, where
    the debt or damage claimed shall not exceed £100.

  3. All cases that shall be tried by a jury as hereinafter pro- Cases to be heard be-
    vided shall be tried before a Resident Magistrate; Provided always fore the Resident Ma-
    that it shall be lawful for the Governor from time to time to appoint gistrate or person ap-
    some other person, being one of Her Majesty's Justices of the Peace, pointed by Governor.
    to preside at the trial of such causes in the place of the Resident
    Magistrate.

  4. In any action in which the amount of the debt or damage Cases above £5 may
    claimed shall exceed five pounds, it shall be lawful for either the be tried by jury.
    plaintiff or the defendant to require a jury to be summoned to try
    the said action.

  5. The party requiring the jury to be summoned, shall give a Party demanding jury
    written notice thereof to the Clerk of the Court, either personally to give notice.
    or by leaving the same at his office, and shall pay into Court the
    costs hereby fixed for the summoning and attendance of the said
    jury.

  6. Upon receiving such notice the Clerk of the Court shall Clerk to summon
    summon twelve Jurors, residing within three miles of the place twelve jurors.
    where the sittings thereof shall be held, chosen in alphabetical order
    as their names shall appear on the Jury List of the Province or dis-
    trict.

  7. Every such summons shall be served on such juror person- Summons when to be
    ally, or by leaving the same at his ordinary place of abode, at least served.
    two clear days before the sitting of the Court.

  8. When the jurors shall be in attendance, if their number shall Jury to be reduced to
    be odd the Clerk shall strike off one, and the number being even, the four by challenge.
    defendant and plaintiff alternately shall each strike off one, until the
    number shall be reduced to four, and the four thus remaining shall be
    impanelled and sworn to give their verdict in the cause to be brought
    before them.

  9. In every trial where the jury shall have remained six hours When jury cannot
    in deliberation, and shall be unable to agree upon a verdict, the Court agree to a verdict.
    shall order them to be discharged; and in every such case where
    the amount claimed shall not exceed £20, the Court shall determine
    the case summarily, and where such amount shall exceed £20, no
    judgment shall be given.

  10. Any juryman or witness failing to attend a summons or Penalty for non-atten-
    subpœna issued under this Act, or to produce such documents or ance to summons.



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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 1856, No 32




✨ LLM interpretation of page content

⚖️ Further provisions regarding Resident Magistrates' Court jurisdiction and jury trials. (continued from previous page)

⚖️ Justice & Law Enforcement
15 August 1856
Resident Magistrate, Jurisdiction, Jury, Court Procedure, Civil Cases, Summons