✨ Court Rules, Road Taking, Land Sale
THE NEW ZEALAND GAZETTE.
619
Auckland that is included in the Judicial District of
Wellington, the place shall be some place in the town
of Napier. If the writ be taken out by a solicitor.
then it shall be at the office of such solicitor or of
his agent within such town. If taken out by the
plaintiff in person, then at the place of residence of
the plaintiff, if his place of residence be not more
than three miles from the Supreme Court office in
such town, but if beyond that distance, then at some
other proper place, to be called his address for service,
which shall be not more that three miles from such
office.
TIME FOR MOVING FOR NEW TRIAL, ETC.
Rule 2 (1), (2), and (3) of the Regulæ Generales,
1873, is repealed, and the following rules sub-
stituted:----
6. (1.) In all cases where the Judge at the trial
shall reserve leave to either party to move, the
Judge may specify the time at or within which the
motion may be made.
(2.) No motion for a new trial, or to enter
a verdict or nonsuit, motion in arrest of judg-
ment, or for judgment non obstante veredicto, shall
be made after the expiration of 14 days after the
trial, unless either some further time has been
specified at the trial as above mentioned, or unless
within such 14 days further time to move has been
obtained from the Court or a Judge.
(3.) A rule nisi granted on any such motion
as aforesaid, or a rule or order granting further
time to make any such motion, shall, upon being
duly served upon the opposite party, operate as a
stay of proceedings until such further time has
expired, or until cause be shown, as the case may
be, unless the Court or the Judge granting it shall
otherwise direct therein.
RULES AS TO ADMINISTRATION AND PROBATE.
Rule 5 of the Rules touching administration of
estates and effects of persons deceased is repealed,
and the following rule is substituted:----
7. Every person to whom letters of administration
shall be committed as residuary legatee, widow,
widower, or next of kin, shall, before obtaining the
same, give security by bond (in the form 9 in the
Schedule, or to the effect thereof) to the Registrar
or Deputy Registrar, with two sureties to the satis-
faction of such Registrar or Deputy Registrar, who
may require such sureties to justify, if he shall think
fit. The penalty in such bond shall be twice the
amount of the property to be administered as sworn
to by the party applying for administration. Never-
theless, it shall be lawful for a Judge of the Supreme
Court, if he shall think fit upon application to him
in any case, to moderate such penalty, and also to
accept one surety only.
- No probate or letters of administration shall be
sealed after the expiration of one calendar month
from the day on which the application was granted.
After such period a fresh application must be made.
JAMES PRENDERGAST.
ALEXANDER J. JOHNSTON.
C. W. RICHMOND.
THOMAS B. GILLIES.
JOSHUA S. WILLIAMS.
The foregoing Rules approved by His Excellency
the Governor in Council, 4th June, 1877.
FORSTER GORING,
Clerk of the Executive Council.
ROADS TO BE TAKEN.
NOTICE is hereby given, that the Makarewa Road
Board propose, under "The Public Works Act,
1876," to take roads from the acreage of the follow-
ing sections.
- Along the eastern side of Sections 18 and 19
Block XIV., Invercargill Hundred; and along the
northern side of Section 35, Block XIII., said Hun-
dred.
2. Through Section 29, Block IX., Invercargill
Hundred.
3. Through the north-western corner of Section
16, Block V., Winton Hundred.
4. Through a portion of Sections 45 and 142,
Forest Hill Hundred.
Plans to be seen at the house of the undersigned,
with whom objections (if any) must be lodged within
forty days from date hereof.
The object of this notice, as far as the first three
roads are concerned, is to confirm action taken under
the old Act.
WM. RUSSELL,
Clerk, Makarewa Road Board.
Stuarton, Royal Bush, 26th May, 1877.
IN THE SUPREME COURT OF NEW ZEALAND,
WELLINGTON DISTRICT.
Between JOHN SMYLIE MCDEWELL THOMPSON
and Others, trading as Thompson, Shannon,
and Co., Plaintiffs; and DANIEL HAGGERTY,
Defendant.
Amount Recovered, £249 2s. 6d.
HEREBY give notice, that by virtue of a writ
of fieri facias, issued out of the above honor-
able Court, and to me directed, I have caused my
Bailiff to enter upon all that piece of land being the
Section numbered 14 on the plan of the Township of
Carterton, in the District of Wairarapa, containing
eight acres two roods and six perches (8a. 2r. 6p.), a
little more or less. Bounded towards the North-east
by Section No. 13, 1708 links, and towards the North-
west by a public road 100 links wide, 500 links; to-
wards the South-west by Section No. 15, 1709 links,
and towards the South-East by Section No. 66, 501
links, be the several admeasurements a little more or
less; together with the appurtenances thereunto be-
longing, the property of the defendant (subject,
nevertheless, to certain mortgages thereon), having
been taken execution at the suit of execution
creditor herein; and that it is my intention to sell or
cause to be sold the freehold of the said piece of
land (subject to such mortgages) by public auction,
at the Court House, Greytown, on Saturday, the
23rd day of June, 1877, at 12 o'clock noon, unless
satisfaction be sooner made of the said judgment,
and all costs and expenses connected therewith.
And I further give notice that Robert Hart and
Patrick Alphonsus Buckley, of Wellington, are soli-
citors for the said plaintiffs.
Given under my hand at Featherston aforesaid,
this second day of March, 1877.
212
HERBERT S. WARDELL,
Sheriff of Wairarapa.
NOTICE OF DISSOLUTION.
NOTICE is hereby given, that the Partnership
hitherto carried on by the undersigned, as
Brewers, under the style of W. J. Suiter and Co.,
has been this day dissolved by mutual consent; and
that the undersigned W. J. Suiter is authorized to
pay and receive all moneys due by and to the said firm.
Dated at Auckland this twenty-fourth day of
April, 1877.
W. J. SUITER,
E. S. MITCHELL INNES,
WALTER MITCHELL INNES.
Witness-Thos. Buddle, Solicitor, Auckland.
WITH reference to the above, W. J. Suiter begs
to inform the public that the business will be
carried on by him in the same premises and under the
same style of W. J. Suiter and Co.
W. J. SUITER.
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✨ LLM interpretation of page content
⚖️
Continuation of Supreme Court Rules regarding service of writs and motions for new trial.
(continued from previous page)
⚖️ Justice & Law Enforcement4 June 1877
Supreme Court Rules, Service of Writs, New Trial Motion, Administration, Probate
- JAMES PRENDERGAST
- ALEXANDER J. JOHNSTON
- C. W. RICHMOND
- THOMAS B. GILLIES
- JOSHUA S. WILLIAMS
- FORSTER GORING, Clerk of the Executive Council
🗺️ Makarewa Road Board proposes taking land for roads in Invercargill and Winton Hundreds.
🗺️ Lands, Settlement & Survey26 May 1877
Road Board, Public Works Act 1876, Land acquisition, Invercargill Hundred, Winton Hundred
- WM. RUSSELL, Clerk, Makarewa Road Board
⚖️ Sheriff's sale of land in Carterton belonging to Daniel Haggerty under execution.
⚖️ Justice & Law Enforcement2 March 1877
Sheriff sale, Writ of fieri facias, Carterton land, Execution, Mortgage
- JOHN SMYLIE MCDEWELL THOMPSON, Plaintiff in Supreme Court action
- DANIEL HAGGERTY, Defendant whose land is seized
- HERBERT S. WARDELL, Sheriff of Wairarapa
- Robert Hart, solicitor for the plaintiffs
- Patrick Alphonsus Buckley, solicitor for the plaintiffs
🏭 Dissolution of partnership W. J. Suiter and Co. Brewers, Auckland.
🏭 Trade, Customs & Industry24 April 1877
Partnership dissolution, Brewers, W. J. Suiter and Co., Auckland
- W. J. SUITER, Partner dissolving partnership
- E. S. MITCHELL INNES, Partner dissolving partnership
- WALTER MITCHELL INNES, Partner dissolving partnership
- W. J. SUITER, Continuing business proprietor
- Thos. Buddle, Solicitor, Auckland
NZ Gazette 1877, No 51