Warden's Court Forms




136
THE NEW ZEALAND GAZETTE.

  1. Summons to Juror.
    In the Warden's Court of...... holden at......
    You are hereby summoned to appear and serve as
    a Juror in this Court, at the (Court House) on the
    ......day of......18......, at the hour of...... in the......
    noon, upon the trial of the cause or causes to be then
    tried by a Jury, and in default of attendance you
    will be liable to a penalty of Five Pounds, under
    Section 54 of the Gold Fields Act, 1862.
    Dated this......day of......18......
    C. D.,
    Clerk of Court.
    To (address, description, &c.)

  2. Order fining a Juror for Non-attendance.
    In the Warden's Court of...... holden at...
    Whereas......was duly summoned to appear and
    serve this day as a Juror in this Court, upon the trial
    of the cause or causes to be tried by Jury at this Court:
    And whereas he has neglected, without sufficient cause
    shown, to appear and serve as a Juror at this Court,
    it is hereby ordered that he shall forthwith (or on
    the......day of......18......) pay to the Clerk of this
    Court a fine of £......for such neglect.
    Dated the......day of......18......
    By the Court,
    C. D.,
    Clerk of Court.

Hours of attendance at the Office of the Clerk
(place of office) from......until......except on (here
insert the days of the week on which the office will
be closed) when the office will be closed.

  1. Bond—Where Plaintiff is Appellant.
    Know all men by these presents, that we, A. B. of
    ......, C. D. of......, and E. F. of......, are jointly and
    severally held and firmly bound unto G. H. of......, in
    £......,* to be paid to the said G. H., or his cer-
    tain Solicitor, Executors, Administrators and Assigns,
    for which payment to be made we bind ourselves, and
    each and every of us in the whole, our and each of
    our heirs, executors, and administrators, jointly and
    severally, firmly by these presents. Sealed with our
    Seals, and dated this......day of......, one thousand
    eight hundred and
    Whereas a cause is now depending in the War-
    dens Court of......, holden at......, wherein the above
    bounden A. B. is Plaintiff, and the above-named G. H.
    is Defendant; and whereas the above cause came on
    for trial in the said Court on the......day of......,
    when a judgment was given for the said G. H.; and
    whereas the said A. B., being dissatisfied with such
    judgment, gave due notice to the said G. H. of his
    the said A. B.'s intention to appeal from the same to
    the Supreme Court of New Zealand at......, according
    to the "Gold Fields Act 1862:" And wherea sit is
    thereby provided that the party who shall appeal
    as aforesaid shall give security to the satisfaction
    of the Court aforesaid, to appear and try such
    appeal, and abide the judgment of the Court of
    Appeal therein, and to pay such costs as shall be
    awarded: And whereas the above bounden C. D.
    and E. F., at the request of the said A. B., have
    agreed to enter into the above written obligation for
    the purposes aforesaid, and the security intended to
    be hereby given has been approved by the Judge of
    the said Court, as appears by his allowance on the
    margin hereof.† Now the
    condition of this obliga-
    tion is such, that if the above-bounden A. B. shall
    appear and try the said appeal, and abide the judg-
    ment of the Supreme Court therein, and if the above-
    bounden A. B., C. D., and E. F., or any or either of
    them, shall pay unto the said G. H., his executors,
    administrators, or assigns, such costs as the said
    Supreme Court shall award, then this obligation shall
    be void, otherwise shall remain in full force.
  • A sum sufficient to cover the costs of appeal, say £......,
    being double the estimated amount.
    † I approve of this Bond.
    (L.S.)
    J. J., Judge.

Signed, sealed, and delivered by the above-bounden
.................................... (L.S.)
.................................... (L.S.)
.................................... (L.S.)
In the presence of......

  1. Bond—Where the Defendant is Appellant.
    Know all men by these presents, that we, A. B. of
    ......, C. D. of......, and E. F. of......, are jointly and
    severally held and firmly bound to G. H. of......in
    £......,* to be paid to the said G. H., or his cer-
    tain Solicitor, Executors, Administrators, or Assigns, for
    which payment to be made we bind ourselves, and
    each and every of us in the whole, our and each of
    our heirs, executors, and administrators, jointly and
    severally, firmly by these presents. Sealed with our
    Seals, and dated this......day of......, one thousand
    eight hundred and
    Whereas a cause is now depending in the War-
    dens Court of......, holden at......, wherein the
    above-named G. H. is Plaintiff, and the above-
    bounden A. B. is Defendant, and whereas the same
    cause came on to be tried in the said Court on the
    ......day of......last, when a judgment was given for
    the said G. H. in the sum of £......, and whereas the
    said A. B. being dissatisfied with such judgment gave
    due notice to the said G. H. of his intention to
    appeal from the same to the Supreme Court of New
    Zealand, at......, according to the provisions of the
    "Gold Fields Act, 1862." And whereas it is thereby
    provided that the party who shall appeal as aforesaid,
    shall give security to the satisfaction of the Court
    aforesaid to appear and try said appeal and abide
    the judgment of the Court of Appeal therein, and to
    pay such costs as shall be awarded. And whereas
    the above-named C. D. and E. F., at the request of
    the said A. B., have agreed to enter into the above-
    written obligation for the purpose aforesaid, and the
    security intended to be given has been approved of
    by the Judge of the said Warden's Court, as appears
    by his allowance in the margin hereof.† Now the
    condition of this obligation is such that if the above-
    bounden A. B. shall appear and try said appeal and
    abide the judgment of the Court therein, and if the
    above-bounden A. B., C. D., and E. F., or any or
    either of them, shall pay unto the said G. H., his
    Executors, Administrators, or Assigns, such costs as
    shall be awarded by the Court, then this obligation
    shall be void, otherwise shall remain in full force.
    Signed, sealed, and delivered by the above-
    bounden
    In the presence of
    (L.S.)
    (L.S.)
    (L.S.)

  2. Case on Appeal.
    In the Warden's Court of.........holden at.........
    between A. B...... Plaintiff, and C. D......
    Defendant.
    This is a suit (here state the cause of action, and
    the facts).
    The question for the opinion of the Supreme Court
    is-First (here state the question for the opinion of
    the Court).
    .................................... (Signature of Judge.)

  3. Table of Fees.
    Summonses ................................... £ s. d.
    Summonses to Witnesses ..................... 0 2 0
    Service of Summonses (if within one mile
    of the Court House) ......................... 0 3 0
    For every extra mile one way ................ 0 1 0
    Hearing ..................................... 0 4 0

  • A sum sufficient to cover the costs of appeal, say £..........
    being double the estimated amount.
    † I approve of this Bond.
    (L.S.)
    J. J., Judge.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1865, No 15





✨ LLM interpretation of page content

⚖️ Procedure and Practice Rules for Canterbury Wardens' Courts (Forms 6-11) (continued from previous page)

⚖️ Justice & Law Enforcement
1 April 1865
Warden's Court, Forms, Summons, Juror, Fine, Appeal Bond, Fees, Gold Fields Act
  • C. D., Clerk of Court
  • J. J., Judge