Warden's Court Rules and Forms




338 THE NEW ZEALAND GAZETTE.

The Defendant's Solicitor shall in every case in which judgment shall be given for or against the Defendant, be entitled to recover in full of his costs and fees, in addition to the costs actually paid by him, a sum not exceeding £

The Judge may make such order as he may think fit, concerning the times, and by what instalments any sum of money for which judgment shall be obtained shall be paid; and all such money shall be paid into Court unless the Judge shall otherwise direct.

Every Order, Decree, or Judgment, made by the Court, shall be carried out and enforced in the same manner as any order or judgment of a Resident Magistrate may be enforced according to the Law for the time being in force for regulating summary proceedings before Justices of the Peace.

The Judge may at all times amend all defects and errors in any proceeding in this Court.

In default of the payment of any Fees, payment thereof, by order of the Judge, may be enforced by such means as may be employed to recover any sum of money adjudged by the Court to be paid.

The Judge, the Clerk, and any other Officer may refuse to do any act for which a fee shall be demandable, unless such fee shall be first paid.

The appeal allowed by Section 25 of the Act, shall be in the form of a case, agreed on by both parties or their Solicitors, and if they cannot agree, the Judge of the Wardens' Court, upon being applied to by them or their Solicitors, shall settle the case and sign it, and such case shall be transmitted by the Appellant to the Registrar of the Court of appeal.

The Judge may in pursuance of the 27th Section 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.

Complaint.

In the Wardens' Court of
District, in the Province of Otago, New Zealand.

Be it remembered that upon the day of , 18 , cometh before me the undersigned, Judge of the District Wardens' Court, sitting at in the said Province, A. B. (address, description, &c.) and complains 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.)

Wherefore the Complainant claims that the Defendant be adjudged to (here state the nature of the claim or relief sought)

Stated before me at aforesaid this day of , 18 ....................Judge.

Summons.

In the Wardens' Court of
District, in the Province of Otago, New Zealand, A. B. (address description) Complainant, and C. D. (address description) 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 Complainant claims that the Defendant be adjudged to (here state the nature of the claim or relief sought as in the complaint). 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 to the said complaint, and demand (in any case falling under Rule 39, in which in 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 injunction 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 (L.S.) in the District aforesaid. .................... Judge

Certificate of Service.

I, Bailiff to the Wardens' Court at , do hereby certify that I served mentioned in the within Summons, with a copy thereof on the day of 18 , between the hours of and noon.

E. F.

Summons to a Witness.

In the Wardens' Court of
holden at , between A. B. Plaintiff, and C. D. Defendant.

You are hereby required to attend at the Court House in on the day of 18 , at the hour of in the noon, to give evidence in the above cause, on behalf of (Plaintiff or Defendant, as the case may be) and then and there to have and produce (state any particular documents required) and all other Books, Papers, Writings and other Documents relating to the said action, which may be in your custody, possession, or power. In default of your attendance you will be liable to a penalty of Five Pounds, under Section 33 of the Gold Fields Act, 1858.

Dated this day of 18
C. D.,
Clerk of Court.
To A. B. (address, description.)



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Online Sources for this page:

PDF PDF NZ Gazette 1862, No 40





✨ LLM interpretation of page content

⚖️ Rules for regulating the procedure and practice of Warden's Courts within the Province of Otago (continued from previous page)

⚖️ Justice & Law Enforcement
Warden's Court, Legal procedure, Court rules, Gold Fields Act, Otago, Assessors, Jurors, Costs

⚖️ Schedule of Forms for the Warden's Court

⚖️ Justice & Law Enforcement
Warden's Court, Legal forms, Complaint, Summons, Certificate of Service, Witness Summons, Otago, Gold Fields Act
  • A. B., Example complainant in legal forms
  • C. D., Example defendant in legal forms
  • E. F., Example bailiff in certificate of service

  • C. D., Clerk of Court