✨ Warden's Court Rules and Forms
for or against the Defendant, be entitled to
recover in full of his costs and fees, in addi-
tion to the costs actually paid by him, a sum
not exceeding £
44. 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.
45. Every Order, Decree, or Judgment,
made by the Court, shall be carried out and
enforced in the same manner as any order or
iudgment of a Resident Magistrate may be
enforced according to the Law for the time
being in force for regulating summary pro-
ceedings before Justices of the Peace.
46. The Judge may at all times amend all
defects and errors in any proceeding in this
Court.
47. In default of the payment of any Fees,
payment thereof, by order of the Judge, may
be enforced by such means as may be em-
ployed to recover any sum of money adjudged
by the Court to be paid.
48. 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.
49. 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 Warden's
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 (L.S.)
Appellant to the Registrar of the Court of
Appeal.
50. The Judge may in pursuance of the
27th Section of the Act, prescribe such addi-
tional 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 Warden's 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
Warden's Court, sitting at in the said
Province, A. B., (address, description, &c.)
and complains against C. D., (address, des-
cription, &c.) Defendant.
- That (here set forth briefly but distinct-
ly and explicitly the ground or cause of com-
plaint, and if there be more than one ground
or cause of complaintstate 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
day of
this
, 18
........ Judge.
THE NEW ZEALAND GAZETTE. 403
- Summons.
In the Warden's Court of
District, in the Province of Otago, New Zea-
land, A. B. (address, description, &c.) Com-
plainant, 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, descrip-
tion, &c.) Complainant, against C. D. (ad-
dress, description, &c.) Defendant.
- That (here set forth briefly but distinct-
ly and explicitly the ground or cause of com-
plaint, and if there be more than one ground
or cause of complaint, state each substantively,
numbering them 1, 2, 3, &c., as in com-
plaint). 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 com-
mand you the said C. D., in Her Majesty's
name, to be and appear on the
day of
18 at
o'clock in the
at
noon, at the Court House,
before me to answer to the
said complaint and demand (in any case
falling under Rule 39, in which in the com-
plaint 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, con-
tained in the Act.
Given under my hand and Seal
this
day of
the year of our Lord 18
said.
, at
in the District afore-
................, Judge
- Certificate of Service.
I, Bailiff to the
Warden's 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
noon.
and
E. F.
- Summons to a Witness.
In the Warden's 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
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, Writ-
ings and other Documents relating to the
said action, which may be in your custody,
possession, or power. In default of your at-
tendance you will be liable to a penalty of
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✨ LLM interpretation of page content
🗺️
Continuation of Rules and Schedule of Forms for Otago Wardens' Courts
(continued from previous page)
🗺️ Lands, Settlement & Survey15 September 1863
Warden's Court, Procedure, Fees, Forms, Complaint, Summons, Appeal, Otago
NZ Gazette 1863, No 48