Judicial Proclamations and Orders




THE NEW ZEALAND GAZETTE

Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order
of Saint Michael and Saint George,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same, and issued under
the Seal of the said Colony, at the
Government House, at Wellington, this
twenty-fifth day of June, in the year of
our Lord one thousand eight hundred and
sixty-eight.

E. W. STAFFORD.
GOD SAVE THE QUEEN!

G. F. BOWEN, Governor.
A PROCLAMATION.

WHEREAS by "The Resident Magistrates Act,
1867," it is enacted that in all cases not therein
specially provided for, the Governor may, from time
to time, frame and establish general rules and orders
regulating the practice in Courts under the said Act,
and that such rules and orders shall be published in
the New Zealand Gazette, and when so published shall
have the force of law:

Now therefore, I, Sir George Ferguson Bowen,
Governor of New Zealand, in exercise and pursuance
of the powers and authorities enabling me in this
behalf, do hereby frame and establish the following
general rules and orders regulating the practice in
Courts under "The Resident Magistrates Act, 1867,"
that is to say—

  1. In any case where the plaintiff, or where there
    are more plaintiffs than one, all the plaintiffs, are
    absent from the Colony and there be within the
    Colony an agent authorized to transact his or their
    affairs generally and to prosecute and defend actions
    in his or their behalf, such agent shall be entitled
    to appear and act in any Court under the said Act
    for the plaintiff or plaintiffs as fully as such plaintiff
    or plaintiffs themselves could.

  2. In any case where the plaintiff or plaintiffs shall
    be absent from the Colony at the time when it is
    desired that a summons should be issued under the
    thirty-fourth section of the said Act, such summons
    may be issued on proof viva voce, or by
    affidavit by any person who can depose to the facts
    required by such section to be proved.

Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order
of Saint Michael and Saint George,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same, at the Government
House, at Wellington, this twenty-fourth
day of June, in the year of our Lord one
thousand eight hundred and sixty-
eight.

E. W. STAFFORD.

293

ninth day of May, 1866, made in pursuance of "The
Supreme Court Judges Act, 1860," after reciting
that by a proclamation made pursuant to the said
last-mentioned Act it was declared that the Colony
should be divided into three districts, to be called
respectively "The Northern District," the "Middle
District," and "The Southern District," and that
such Northern District should include all that
portion of the said Colony therein described as such
Northern District, and that such Northern District
had been assigned to Sir George Alfred Arney,
Knight, the Chief Justice of the said Court. And
after reciting that the said Sir George Alfred Arney
Knight, having obtained leave of absence, was about
to leave the said Colony for a time, His Excellency
the Governor did assign the Northern District of the
Supreme Court of New Zealand to the said Joseph
Schroder Moore, Esquire, a Judge of the said Court.
And whereas the appointment of the said Joseph
Schroder Moore, Esquire, as a Judge of the Supreme
Court as aforesaid, was made for temporary pur-
poses, during the absence of the said Sir George
Alfred Arney, Knight, from the Colony, pursuant to
the provisions in that behalf of "The Supreme Court
Judges Act, 1858." And whereas the said Sir
George Alfred Arney, Knight, has returned to the
said Colony. And whereas by an Order in Council
bearing date the twenty-fifth day of June, one
thousand eight hundred and sixty-eight, His Excel-
lency the Governor did order and declare his will
and pleasure to be that from and after the
thirtieth day of June instant, the said appointment
of the said Joseph Schroder Moore, Esquire, as a
Judge of the Supreme Court should cease and deter-
mine, and that from and after the said thirtieth day
of June the said Joseph Schroder Moore, Esquire,
should cease to hold office as a Judge of the Supreme
Court:

Now therefore I, Sir George Ferguson Bowen, the
Governor of New Zealand, in pursuance and in exer-
cise of the powers vested in me by "The Supreme
Court Act, 1860," do hereby, with the advice and
consent of the Executive Council of the said
Colony, proclaim and declare that I assign the
Northern District of the Supreme Court of New
Zealand, on and from the first day of July next to

Sir GEORGE ALFRED ARNEY, Knight,
Chief Justice of the said Court.

Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order
of Saint Michael and Saint George,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, and Vice-
Admiral of the same, at the Government
House at Wellington, and issued under
the Public Seal of the said Colony, this
twenty-fifth day of June, in the year of
our Lord one thousand eight hundred and
sixty-eight.

E. W. STAFFORD.
GOD SAVE THE QUEEN!

Approved in Council :
FORSTER GORING,
Clerk of the Executive Council.

G. F. BOWEN, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, the
twenty-fifth day of June, 1868.

Present :

His EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Supreme Court Judges Act,
1858," it is enacted that it shall be lawful for



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1868, No 35





✨ LLM interpretation of page content

⚖️ Rules Regulating Practice in Resident Magistrates Courts

⚖️ Justice & Law Enforcement
24 June 1868
Proclamation, Resident Magistrates Act 1867, Court practice, Absent plaintiffs, Summons
  • E. W. Stafford
  • G. F. Bowen, Governor

⚖️ Reassignment of Supreme Court Northern District Judge (continued from previous page)

⚖️ Justice & Law Enforcement
25 June 1868
Supreme Court, District assignment, Northern District, Judge appointment, Sir George Alfred Arney, Joseph Schroder Moore
  • George Alfred Arney (Sir), Assigned Northern District of Supreme Court
  • Joseph Schroder Moore (Esquire), Temporary Judge appointment ceases

  • E. W. Stafford
  • G. F. Bowen, Governor
  • Forster Goring, Clerk of the Executive Council

🏛️ Commencement of Order in Council regarding Supreme Court Judges Act

🏛️ Governance & Central Administration
25 June 1868
Order in Council, Executive Council, Supreme Court Judges Act 1858
  • His Excellency the Governor in Council