Court Sittings and Insurance Regulations




102
THE NEW ZEALAND GAZETTE.

Zealand Gazette on the twentieth day of November | from time to time to make, alter, amend, and revoke
in the same year, Circuit Courts of the Supreme | regulations for all or any of the purposes for which
Court were appointed to be holden at the times and | it is therein expressly provided that he may make
places therein mentioned, and amongst others— | regulations and for any of the purposes in the said
In the Wellington District, at the Supreme Court | thirty-first section mentioned: And whereas by the
House, at Wellington, on the first Monday in each | thirteenth section of "The New Zealand Govern-
of the months of January, April, July, and October | ment Insurance and Annuities Act, 1870," it is
in each and every year: | enacted that all the provisions of "The Government
And whereas it is expedient that a Circuit Court | Annuities Act, 1869," except such as are repealed
of the Supreme Court should be held at Wellington | by "The New Zealand Government Insurance and
on the eleventh day of March next, in lieu of the | Annuities Act, 1870," aforesaid, shall, so far as the
Circuit Court appointed by the said Order in Council | same are applicable, extend and apply to all contracts
to be held there on the first Monday in the month of | to be made under "The New Zealand Government
April next: | Insurance and Annuities Act, 1870," aforesaid; and
Now, therefore, His Excellency the Governor, | all the provisions of "The New Zealand Government
with the advice and consent of the Executive Council, | Annuities Act, 1869," relative to the mode of making
and in exercise and pursuance of all powers and | the same; to the disposal of all moneys received under
authorities enabling him in this behalf, doth hereby | "The New Zealand Government Insurance and
appoint that a Circuit Court of the Supreme Court | Annuities Act, 1870," aforesaid; to the payment of
for the despatch of civil and criminal business of the | moneys out of the Consolidated Fund; to the exemp-
Court shall be holden in the Wellington Judicial | tion of instruments from stamp duties; to penalties
District, at the Supreme Court House, at Wellington, | for false declarations; to the offences of forging,
on the eleventh day of March next. | counterfeiting, and aiding and assisting in forging,
And with the like advice and consent, His | counterfeiting, and altering registers, copies, certifi-
Excellency doth hereby revoke so much of the said | cates, names, declarations, instruments, receipts,
Order in Council made on the said first day of | discharges; and to personation, and uttering forged
November, as appoints a Circuit Court to be holden | instruments; receiving payments in respect of
in the Wellington District, at the Supreme Court | annuities after the death of an annuitant; and to
House at Wellington, on the first Monday in the | accounts; and to arbitration in case of disputes; and
month of April in this present year: Provided, | to the making of regulations by the Governor in
however, that such revocation shall not otherwise | Council; shall be deemed to be incorporated in
apply to or affect such Order in Council, or the | "The New Zealand Government Insurance and
appointment of Circuit Courts thereby made. | Annuities Act, 1870," in the same manner as if
FORSTER GORING, | the same were then re-enacted:
Clerk of the Executive Council.

Regulations under the Government Insurance and | Now, therefore, His Excellency the Governor,
Annuities Acts. | with the advice and consent of the Executive Council

G. F. BOWEN, Governor. | of New Zealand, and in exercise and pursuance of

ORDER IN COUNCIL. | all powers and authorities enabling him in this

At the Government House, at Wellington, this | behalf, doth hereby make the Regulations set out in
twelfth day of February, 1873. | the Schedule hereto.

Present: |

HIS EXCELLENCY THE GOVERNOR IN COUNCIL. | SCHEDULE.

W HEREAS by the thirtieth section of "The | 1. The amount of such deposit as is referred to in
Government Annuities Act, 1869," it is | the said thirtieth section of the said first-mentioned
enacted that if any dispute shall arise between the | Act, as extended by the said thirteenth section of the
Commissioner under the said Act and any person | said last-mentioned Act, shall be proportional to the
who shall have contracted for any annuity or pay- | amount claimed, that is to say, —Where the amount
ment under this Act, or any executor, administrator, | claimed does not exceed two hundred pounds, the
next-of-kin, or assignee of such person, or any per- | amount of deposit to be made by the claimant shall
son claiming to be such executor, administrator, | be twenty pounds; and when the amount claimed
next-of-kin, or assignee, then in every such case, the | exceeds two hundred pounds, the deposit to be made
matter so in dispute shall be referred to the arbitra- | by the claimant shall be twenty pounds, and, in addi-
tion of two indifferent persons, one to be chosen and | tion, ten pounds for each hundred pounds claimed
appointed by the said Commissioner, and the other | over two hundred pounds.
by the party with whom the dispute arose; and in | 2. Out of the amount so deposited there may be
case the arbitrators so appointed shall not agree, | paid by the Commissioner any costs which the arbi-
then such matter in dispute shall be referred in | trators and umpire order to be paid by the claimant
writing to an umpire having no interest in such | to the Commissioner, or which may become payable
matter, to be elected by the said arbitrators pre- | to the arbitrators or umpire by the claimant.
viously to entering upon the consideration of the | 3. All sums to be deposited shall be deposited with
matter referred to them; and whatever award, order, | such one of the Chief Postmasters as the Commis-
or determination shall be made by the said arbi- | sioner shall, at the time of requiring such deposit,
trators or by the said umpire, shall be final without | direct.
any appeal: Provided that the said Commissioner | 4. Every deposit, when made, shall be deposited in
may in any case, if he think fit, before submitting | the Post Office Savings Bank by such Chief Post-
any dispute to arbitration, require a deposit of | master, and be treated as a deposit, and bear interest
money as a security for the costs of the arbi- | as such.
tration, to such amount and upon such terms | 5. On the decision of the arbitrators and umpire
and in such custody as shall be prescribed by | being given, if no costs are payable out of any such
any regulations made under this Act and for | deposit, the same, or if any, after the payment there-
the time being in force: And whereas by the | out of any costs ordered to be paid thereout, the
thirty-first section of the said Act it is enacted | balance (if any) shall, together with all interest
that it shall be lawful for the Governor in Council | accrued thereon, be paid on application to the
depositor or his legal representatives.

FORSTER GORING,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1873, No 9





✨ LLM interpretation of page content

⚖️ Order in Council altering Supreme Court Circuit Sittings in Wellington (continued from previous page)

⚖️ Justice & Law Enforcement
12 February 1873
Supreme Court, Wellington, Circuit Court, Sittings, Revocation, March 11th
  • FORSTER GORING, Clerk of the Executive Council

💰 Regulations prescribing deposit amounts for arbitration under Government Insurance and Annuities Acts

💰 Finance & Revenue
12 February 1873
Government Insurance, Annuities Act, Arbitration, Deposits, Regulations, Schedule, Post Office Savings Bank
  • G. F. Bowen, Governor
  • FORSTER GORING, Clerk of the Executive Council