✨ Legislation Text
Appeal to Supreme
Court in certain cases.
Notices to be given in
case of appeal.
Execution when to be
stayed.
Presiding Judge may
reserve points of law.
Additional fees.
Native cases excepted.
254
papers as may be set forth in any such subpœna, shall be liable to a
penalty not exceeding ten pounds, to be imposed by the Court, and
in default of payment, shall be imprisoned for a term not exceeding
fourteen days.
-
Whenever the sum claimed shall exceed five pounds, either
party may appeal against the decision on any point of law, such ap-
peal to be made to the Supreme Court as follows: The plaintiff and
the defendant shall each within one week after the day of trial, de-
liver to the presiding Judge a statement in writing of the point in
issue. And such presiding Judge shall state in writing his decision
of the point in issue in accordance with the facts as proved at the
trial, and the statements so prepared shall be forwarded by such
presiding Judge without delay to the Registrar of the Supreme Court
having jurisdiction over the Province where the trial took place.
And the Judge of the said Supreme Court shall decide the point at
issue within fourteen days after such statement shall have been re-
ceived by him, and shall direct the judgment of the Resident Magis-
trate's Court to be given accordingly, and the same shall be given
accordingly. -
In all cases where such appeal to the Supreme Court shall
be demanded, notice thereof in writing shall be given to the presiding
Judge, and also to the opposing party in the action, within forty-
eight hours after the trial shall have concluded; and such notice
may be given either personally or by leaving the same at the office
or residence of the presiding Judge, or in the case of the plaintiff or
defendant by leaving the same at his ordinary place of business or
abode, or at the office of the counsel or attorney appearing for him
at the trial. -
No judgment or execution shall be stayed unless the party
appealing shall give such security as the Court shall deem sufficient
for the sum required to meet the whole costs of the action and ap-
peal; and, in the case of the defendant, for such additional sum as
shall meet the amount of the judgment. -
It shall be lawful for the presiding Judge in any such Court
to reserve any points of law for the decision of the Supreme Court,
and any Judge having jurisdiction over the district in which any
Resident Magistrate's Court may be situated, shall give his decision
on any point of law so referred to him, and the decision of the Resi-
dent Magistrate's Court shall be in accordance therewith. -
In addition to the fees now payable by suitors in the Resi-
dent Magistrate's Court, there shall be paid the fees hereinafter
mentioned, that is to say,-
For serving each summons . . . . . . . . . . . . . . . . . . . . . 2 6
For each Juror sworn . . . . . . . . . . . . . . . . . . . . . . . 10 0
and such fees shall be borne by the plaintiff or defendant, as the
Court may direct.
- Nothing in this Act shall be taken to alter any of the pro-
visions of an Ordinance of the Lieutenant Governor and Legislative
Council of New Zealand, intituled "The Resident Magistrate's Courts
Next Page →
NZ Gazette 1856, No 32
✨ LLM interpretation of page content
⚖️
Provisions for Appeal, Execution Stay, and Fees in Resident Magistrates' Courts
(continued from previous page)
⚖️ Justice & Law Enforcement15 August 1856
Resident Magistrate, Supreme Court, Appeal process, Fees, Execution, Court Procedure, Ordinance