✨ Court Rules and Proclamation
DIEU
SOIT QUI MALY
INOH
PENSE
DROIT
NEW ZEALAND
GOVERNMENT GAZETTE.
Published by Authority.
TUESDAY, AUGUST 11, 1857. [No. 22.
Government House,
Auckland, August 8th, 1857.
I N exercise of the powers in me vested by
"The Resident Magistrates' Courts Extension
of Jurisdiction Act, 1856," I, THOMAS GORE
BROWNE, the Governor of the Colony of New
Zealand, with the approval of SIDNEY STEPHEN,
Esq., the Chief Justice of the said Colony, do
hereby establish the following Rules and Orders
for all proceedings under the said Act in the
Resident Magistrate's Court of Auckland, in
the said Colony.
THOMAS GORE BROWNE,
Governor.
Approved
SYDNEY STEPHEN,
Chief Justice.
GENERAL RULES of Practice and Pro-
cedure in the Resident Magistrate's Court,
Auckland, under the "Resident Magistrates'
Courts Extension of Jurisdiction Act,
1856."
- Every action in the Resident Magistrate's
Court, shall be commenced by taking out a
summons, which summons shall be in the form
in the schedule hereunto annexed marked A. - The summons shall set forth the christian
or first name or names of the defendant and
plaintiff in full, but a summons may be granted,
and shall be held valid in every case where the
plaintiff or his attorney files a written declara-
tion stating that he has made enquiry and
cannot find out the christian or first names of
the defendant in full.
But in actions on Bills of Exchange, or
Promissory Notes, or other written instru-
ments, any of the parties to which are desig-
nated by the initial letter or letters, or some
contraction of the christian or first name or
names, it will be sufficient in any summons
issued against such party, to designate such
party by the same initial letter or
contraction of the christian or first name or
names instead of stating the christian or first
name or names in full.
3. Any party may be designated in the
summons by any name or names which he may
have acquired by usage or reputation, whether
any such name be the christian or first name or
the surname.
4. In every such summons shall be men-
tioned the place, and county or district, of the
residence of the plaintiff, and also the place and
county or district of the residence of the de-
fendant, or wherein the defendant shall be or
supposed to be, together with the calling or
description of the defendant.
But if the plaintiff at the time of issuing the
summons shall be ignorant of the defendant's
place of abode, or where he is to be found, it
shall suffice to describe him as "late of
naming the last known place of abode."
5. The summons must contain the names of
all the plaintiffs in the action, and likewise of
all the defendants.
6. The summons shall require the defendant
to appear at the Resident Magistrate's Court,
Auckland, to answer the plaintiff's demand
at a certain time to be named in such sum-
mons.
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NZ Gazette 1857, No 22
✨ LLM interpretation of page content
⚖️ Establishment of General Rules for Resident Magistrate's Court, Auckland
⚖️ Justice & Law Enforcement8 August 1857
Rules, Procedure, Resident Magistrate's Court, Auckland, Jurisdiction Act 1856
- THOMAS GORE BROWNE, Governor
- SIDNEY STEPHEN, Esquire, Chief Justice