348
THE NEW ZEALAND GAZETTE.

In the matter of "The New Zealand Settlements
Act, 1863," and "The New Zealand Settle-
ments Amendment and Continuance Act,
1865."

Ex parte

At a sittings of the Compensation Court held at
in the Province of on the
day of 186
and following days, before
Esquires, Judges there, upon hearing the claimants
to compensation on account of the taking of the
Block, under the authority of the said Acts.
or one of them, by an Order in Council made on the
day of , the boundaries whereof
are defined in and by the said Order in Council, and
upon hearing counsel, agents, and witnesses, as well
for the claimants as for the Crown, we, the aforesaid
Judges of the said Court, do hereby certify that an
agreement was made in our presence between Mr.
, duly authorized on behalf of the Crown,
claimants to land at in the said
Block, whereby the said are to receive a
grant of acres of land at or near in
extinguishment of the claims of themselves, and of all
other persons claiming by, through, or under them,
or any of them, into, or out of the land claimed as
aforesaid.

Dated at this day of 186

G. GREY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, the
third day of September, 1867.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly
of New Zealand, intituled "The Gold Fields
Act, 1862," it is enacted that it shall be lawful for
the Governor in Council, from time to time, to make
alter and revoke rules regulating the procedure and
practice in the Courts to be established under the said
Act, and in cases of appeal therefrom, and also to
fix the fees to be taken in respect of proceedings
therein: And whereas by Order in Council made
the fifteenth day of September, 1863, certain rules
regulating the procedure and practice in the
Wardens' Courts within the Province of Otago, and
in cases of appeal therefrom, were made, and certain
alterations thereof have become advisable:

Now therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of the Colony doth hereby henceforth revoke
such and such parts of the said rules and fees as
differ from and are not included in the rules and
fees respectively set forth in the Schedule hereunto
annexed, and doth hereby order that the rules and
fees respectively set forth in the Schedule hereunto
annexed shall be the rules regulating the proceedings
and practice in the Wardens' Courts within the
Province of Otago, and in cases of appeal therefrom,
and shall be the fees to be taken in respect to
proceedings therein.

FORSTER GORING,
Clerk of the Executive Council.

WARDEN'S COURT RULES.
ANALYSIS.

Secs.

1. Schedule of forms and scale of fees to be part of
   the rules.

2. Interpretation of words in rules.

3. Time and place of holding Courts. Adjourn-
   ments.

4. The Clerk of Court.

5. Clerk's deputy.

6. Clerk's duties.

7. Parties may appear personally or by solicitor.

8. Officers of Court not to practice in the Court.

9. Action to be commenced by a complaint and
   summons.

10. Names, &c., of parties to be set forth in
    complaint and summons.

11. Grounds of action to be briefly set forth in
    complaint and summons.

12. Summons may be issued in certain cases against
    a party out of jurisdiction.

13. Service of summons.

14. Service may be made by person authorized.

15. Summons of witnesses.

16. Parties to be heard in open Court. Adjourn-
    ment of hearing.

17. Procedure if complainant do not appear.

18. Procedure if defendant do not appear.

19. Verdict.

20. Judgment upon verdict.

21. Minute of every decision to be entered by
    Judge in a book.
    Costs.

22. Costs of witnesses to be at discretion of a
    Judge.

23. Court may order payment by instalments of
    sums of money.

24. Defects and errors may be amended.

25. In absence of warden clerk to adjourn Court.
    Schedule of forms, and table of fees.

WARDENS' COURTS.

Rules for regulating the procedure and practice of
Wardens' Courts within the Province of Otago.

1. The schedule of forms and scale of fees here-
   unto annexed shall form part of these rules.
2. In construing these rules and forms, the fol-
   lowing terms in inverted commas shall bear the
   several meanings set against them respectively:
   "The Act." The Gold Fields Act, 1866, 30 and
   32 Victoriæ, No. 32.
   "Clerk," "Bailiff." The clerk, bailiff, or other
   person duly appointed and authorized to act
   as such respectively.
   "Oath" shall include affirmation.
   Words importing the masculine gender only
   shall include females, and importing the
   singular number shall be extended to the
   plural number.
3. Every Warden's Court shall be holden at such
   place and times as the warden may appoint, and he
   may from time to time adjourn the Court.
4. There shall be for every Warden's Court a clerk
   who shall be appointed by and hold office during the
   pleasure of the Governor or other person or authority
   to whom or which shall for the time being be delegated
   for the Otago Gold Fields by the Governor all or
   such of the powers conferred by the Act, on the
   Governor, or the Governor in Council, as may by
   the said Act be duly delegated by the Governor.
5. It shall be lawful for the warden to appoint a
   deputy to act for the clerk as often as he shall be
   prevented by illness or other cause from acting in his
   office, and an entry of such appointment and the
   cause of the clerk's absence, shall be made in the
   minute book of the Court.
6. The clerk of Court shall issue all summonses,
   warrants, and writs of execution, keep an account of
   all proceedings, take charge of and keep an account,
   in a book to belong to the Court, of all fees and fines
   payable or paid into Court, and of all moneys paid
   into and out of Court, adjourn the Court to any day
   he may deem convenient when from any cause a
   Court cannot be held on the day appointed, and shall