✨ Court Rules and Land Notices
THE NEW ZEALAND GAZETTE. 93
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 Degree.
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.
C. J. RICHMOND.
H. S. CHAPMAN.
LAND TRANSFER ACT NOTICES.
NOTICE is hereby given, that the several parcels
of land hereinafter described will be brought
under the provisions of "The Land Transfer Act,
1870," unless caveat be lodged forbidding the same,
on or before the 13th day of March, 1873.
Sections 52, 53, 54, 55, 56, 57, 58, and 59, Block
XXII., Town of Dunedin. - BRYAN CECIL
HAGGITT, of Dunedin, Gentleman, Applicant. 939.
Sections 1 and 5, Block XXII., and Section 11,
Block XXXVI., St. Kilda.-JONAS WARDEN
BROWNE, of Christchurch, Settler, Applicant. 939.
Sections 59, 60, Block XXVII., Town of Dunedin.
---ELIZABETH CARGILL, of Dunedin, Widow,
Applicant. 940.
Section 8, Block VI., Clarendon District.-
JOSEPH WRIGHT, of Waiwera, Miller, Applicant.
942.
Sections 1, 4, 5, 6, 7, 8, 9, 10, and 11, Block I.,
Crookston District.-Richard Lancaster, of Lawrence,
Settler, Applicant. 943.
Part of Sections 67 and 68, Block VI., Town Dis-
trict.-JOHN BATHGATE, of Dunedin, Gentleman,
Applicant. 946.
Part of Section 30, Block I., North Harbour and
Blueskin District.-ANDREW ADAMS, of Caver-
sham, an inmate of the Benevolent Asylum, Appli-
cant. 947.
Section 1, Block XCI., Town of Oamaru.-NEIL
FLEMING and GEORGE RAMSAY TAYLOR,
both of Oamaru, Trustees of John Henry Martin
Zierk, Applicants. 950.
Section 18, Block XIII., and Sections 3 and 22,
Block XX., Hampden. WILLIAM STEWART, of
Hampden, Blacksmith, Applicant. 951.
Section 104 and part of 105, Wakari District; part
of Sections 8, 10, 12, 14, 16, 18, and 20, Block III.,
Upper Kaikorai District.-JOHN DOUGLAS, of
Palmerston, Sheep Farmer, ALEXANDER FIND-
LAY ANDERSON, of Dunedin, Accountant, and
EDWARD MENLOVE, of Dunedin, Butcher,
Applicants. 953.
Section 39, Block XXII., Town of Dunedin.-
DIANA ANN HAWKER, of Dunedin, Spinster,
Applicant. 954.
Part of Section 24, Block XXVI., Town of
Dunedin.-HANS HANSEN, of Sweden, formerly
Farmer, MARTIN BRENNAN, and ROBERT
McMULLEN, both of Dunedin, Settlers, Applicants.
956.
Diagrams may be inspected at this office.
Dated this 1st day of February, 1873, at the
Lands Registry Office, Dunedin.
139
D. F. MAIN,
District Land Registrar.
LAND TRANSFER ACT NOTICE.
NOTICE is hereby given, that the parcel of
land hereinafter described will be brought
under the provisions of "The Land Transfer Act,
1870," unless caveat in the meantime be lodged
forbidding the same.
Allotment thirty (30) of the subdivision into
allotments of Section forty-four (44), Block nineteen
(19), Invercargill Hundred. Applicants-THOMAS
MORELL MACDONALD and WILLIAM RUS-
SELL, both of Invercargill, Solicitors.
Caveat must be lodged within one calendar month
after the gazetting of this notice.
Diagrams may be inspected at this office.
Dated this 23rd day of January, 1873, at the
Lands Registry Office, Invercargill.
138
W. RUSSELL,
District Land Registrar.
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⚖️
Supreme Court General Rules regarding Procedure and Motions
(continued from previous page)
⚖️ Justice & Law Enforcement1 February 1873
Supreme Court, General Rules, Pleading, Demurrer, New Trial, Affidavits, Chambers
- GEORGE ALFRED ARNEY, Chief Justice
- ALEXANDER J. JOHNSTON
- C. J. RICHMOND
- H. S. CHAPMAN
🗺️ Land Transfer Act Notices for various land parcels in Dunedin and surrounding districts
🗺️ Lands, Settlement & Survey1 February 1873
Land Transfer Act, Caveat, Dunedin, St Kilda, Clarendon District, Oamaru, Hampden, Upper Kaikorai
17 names identified
- BRYAN CECIL HAGGITT (Gentleman), Applicant for land transfer
- JONAS WARDEN BROWNE, Applicant for land transfer
- ELIZABETH CARGILL (Widow), Applicant for land transfer
- JOSEPH WRIGHT, Applicant for land transfer
- Richard Lancaster, Applicant for land transfer
- JOHN BATHGATE (Gentleman), Applicant for land transfer
- ANDREW ADAMS, Applicant for land transfer
- NEIL FLEMING, Trustee applicant for land transfer
- GEORGE RAMSAY TAYLOR, Trustee applicant for land transfer
- WILLIAM STEWART, Applicant for land transfer
- JOHN DOUGLAS, Applicant for land transfer
- ALEXANDER FINDLAY ANDERSON, Applicant for land transfer
- EDWARD MENLOVE, Applicant for land transfer
- DIANA ANN HAWKER (Spinster), Applicant for land transfer
- HANS HANSEN, Applicant for land transfer
- MARTIN BRENNAN, Applicant for land transfer
- ROBERT McMULLEN, Applicant for land transfer
- D. F. MAIN, District Land Registrar
🗺️ Land Transfer Act Notice for allotment in Invercargill Hundred
🗺️ Lands, Settlement & Survey23 January 1873
Land Transfer Act, Caveat, Invercargill Hundred, Solicitors
- THOMAS MORELL MACDONALD, Applicant and Solicitor
- WILLIAM RUSSELL, Applicant and Solicitor
- W. RUSSELL, District Land Registrar
NZ Gazette 1873, No 8