Deceased Estates & Court Rules




THE NEW ZEALAND GAZETTE. 161

PARTICULARS of the Estates of Deceased Persons which have been placed under the charge of
JAMES MEACHAM BATHAM, Esq., Curator of the Estates of Deceased Persons during the Month
of February, 1873.

No. Name of Deceased. Colonial Residence. Supposed British or Foreign Residence. Date of Rule or Order. Value or Estimated Value of Personal Estate. Time of Deceased's Death. Remarks.
1 Fassnidge, John Hokitika England None required £41 10 Dec., 1872
2 Friend, Henry Hokitika London, England. None required £30 14 Feb., 1873 Drowned in Hoki-
tika River.

Dated the 28th day of February, 1873.

J. M. BATHAM,
Curator, Westland District.

PARTICULARS of the Estates of Deceased Persons which have been placed under the charge of
WM. R. E. BROWN, Esq., Curator of the Estates of Deceased Persons for the District of Wellington,
during the Month of February, 1873.

No. Name of Deceased. Colonial Residence. Supposed British or Foreign Residence. Date of Rule or Order. Value or Estimated Value of Personal Estate. Time of Deceased's Death. Remarks.
John Fawcett Holgate Rangitikei London 7th February Under £400 5th January,
1873. ...

Dated the 1st day of March, 1873.

WM. R. E. BROWN,
Curator.

Regulæ Generales, February 1873.

SUPREME COURT OF NEW ZEALAND.

BY virtue of the powers vested in us by the
twentieth section of "The Supreme Court Act,
1860," it is ordered by us, the Judges of the said
Court, that the following General Rules shall come
into and be in force on and after the 10th day of
March, 1873:-

Leave to Plead and Demur.

Rule 1.—Rule 212 of "The General Rules of Pro-
cedure, 1856," is hereby revoked, and the following
substituted:-

"Either party may, by leave of the Court or a
Judge, plead and demur to the same pleading at the
same time, upon an affidavit by such party, or his
Solicitor, if required by the Court or Judge, to the
effect that he is advised and believes that he has
just ground to traverse the several matters proposed
to be traversed by him, or that the several matters
sought to be pleaded by way of confession and avoid-
ance are respectively true in substance and in fact,
and that he is further advised and believes that the
objections raised by such demurrer are good and valid
objections in law; and it shall be in the discretion of
the Court or a Judge to direct whether the issues of
fact or of law shall be first disposed of. [15 and 16
Vict. c. 76, s. 80.]

Time for Moving for New Trial.

Rule 2.—(1.) In all cases where the Judge at
the trial shall reserve leave to either party to move
for a new trial, or to enter a verdict, or in arrest of
judgment, or to the plaintiff to move for judgment as
in case of nonsuit, the Judge shall specify the time
at or within which the motion shall be made.

(2.) If no leave be granted at the trial, every such
motion must be made at the first practicable sitting
in Banco, not being less than three days after the
conclusion of the sittings of the Circuit Court at
which the trial took place; and if there be no such
sitting within fourteen days after the trial, then the
motion may be made before, and a rule nisi granted
or refused by, a Judge at Chambers within such
fourteen days: Provided that such motion may be
made after the expiration of fourteen days from the
trial, if the Judge shall be satisfied, by affidavit or
otherwise, that such motion could not with reasonable
diligence have been made at an earlier period.

(3.) A rule nisi granted on any such motion shall,
upon being duly served upon the party thereby called
upon to show cause, operate as a stay of proceedings
till cause be shown, unless the Judge granting it
shall otherwise direct therein.

Rule 3.—Rules nisi, and summonses calling on
parties to show cause at Chambers, shall contain a
short statement of the grounds on which they are
moved: Provided that the Judge may, in his dis-
cretion, make a rule absolute, or an order upon
summons, on grounds other than those mentioned in
the rule nisi or summons.

Rule 4.—A Judge at Chambers may exercise any
power granted by statute or rule to the Court, or to
the Court or a Judge thereof, other than powers
which are expressly provided to be exercised in open
Court, and may adjourn the hearing of matters in
which he has such power from Court to Chambers,
or from Chambers to Court.

A Judge may, on summons at Chambers, grant a
rule nisi directing cause to be shown in Court; and
on motion for a rule nisi in Court, he may direct
cause to be shown at Chambers.

Settling and Reading Minutes of Decree.

Rule 5.—A Judge, on making a decree in open
Court, may direct the minutes thereof to be settled
and read in Chambers before the decree shall be
drawn up.

Affidavits in Answer.

Rule 6.—Upon motions founded upon affidavits,
it shall be lawful for either party, with leave of the
Court or a Judge, to make affidavits in answer to the
affidavits of the opposite party upon any new matter
arising out of such affidavits.

(Signed)
February, 1873.

GEORGE ALFRED ARNEY, C.J.
ALEXANDER J. JOHNSTON.
H. B. GRESSON.
C. J. RICHMOND.
H. S. CHAPMAN.



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VUW Te Waharoa PDF NZ Gazette 1873, No 15





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🏛️ Curator of Estates Notices for Westland District, February 1873

🏛️ Governance & Central Administration
28 February 1873
Deceased estates, Curator, Westland District, Administration, February 1873
  • John Fassnidge, Deceased, Estate administered
  • Henry Friend, Deceased, Estate administered

  • J. M. Batham, Curator, Westland District

🏛️ Curator of Estates Notices for Wellington District, February 1873

🏛️ Governance & Central Administration
1 March 1873
Deceased estates, Curator, Wellington District, Administration, February 1873
  • John Fawcett Holgate, Deceased, Estate administered

  • WM. R. E. Brown, Curator

⚖️ Supreme Court General Rules regarding procedure and motions, effective March 1873

⚖️ Justice & Law Enforcement
1 February 1873
Supreme Court, General Rules, Procedure, Pleading, Demurrer, New Trial, Affidavits
  • GEORGE ALFRED ARNEY, Chief Justice
  • ALEXANDER J. JOHNSTON
  • H. B. GRESSON
  • C. J. RICHMOND
  • H. S. CHAPMAN