Judicial Orders and Fees




JULY 1.] THE NEW ZEALAND GAZETTE. 955

Lands Inquiry and Maori Prisoners' Trials Act,
1879," His Excellency the Governor of the Colony
of New Zealand, by and with the advice and consent
of the Executive Council of the said colony, doth
hereby vary a certain Order in Council made under
the said Act on the thirty-first day of March last
past, so far as concerns the date of trial therein
mentioned, and doth order that the date of trial of
the Natives mentioned in or affected by the said Act
and a certain Order in Council made thereunder on
the twenty-third day of December last past, shall be
Monday, the twenty-sixth day of July next.

FORSTER GORING,
Clerk of the Executive Council.

Fees to be taken in Magistrates' Courts under "The
Justices of the Peace Act, 1866," "Resident
Magistrates Act, 1867," "Resident Magistrates
Act, 1868," and "Licensing Act 1873 Amendment
Act, 1874."

HERCULES ROBINSON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-ninth day of June, 1880.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section one hundred and forty-
two of "The Justices of the Peace Act, 1866,"
it is enacted that the fees to be taken and paid in
respect to proceedings to which the said Act relates
may be fixed, varied, and abolished from time to time
as the Governor in Council shall direct and appoint,
but no fees shall be received or demanded from any
constable or public officer for proceedings instituted
by him in the execution of his duty: And whereas
by section one hundred and twenty-seven of "The
Resident Magistrates Act, 1867," it is enacted that
the fees to be taken in respect of the said last-men-
tioned Act shall be fixed, varied, and abolished as the
Governor in Council shall from time to time direct
and appoint: And whereas by section thirty-seven
of "The Licensing Act 1873 Amendment Act, 1874,"
it is enacted that the fees of Court mentioned in the
Schedule thereto marked H, or such other fees as
the Governor in Council shall from time to time
prescribe, shall and may be taken from every person
making any application for a license, or a renewal,
transfer, or removal thereof, under "The Licensing
Act, 1873," and "The Licensing Act 1873 Amend-
ment Act, 1874," or otherwise in respect of the
matters in such Schedule mentioned:

And whereas by an Order in Council bearing date
the eighteenth day of November, one thousand eight
hundred and seventy-eight, certain fees were pre-
scribed to be taken under the said Acts: And
whereas it is expedient to abolish the said fees and
to fix others in lieu thereof:

Now, therefore, His Excellency the Governor,
in pursuance and exercise of the powers and
authorities aforesaid, doth hereby, with the advice
and consent of the Executive Council of the Colony
of New Zealand, order, prescribe, and declare that, on
and from the first day of August, one thousand eight
hundred and eighty, the fees heretofore fixed by the
said Order in Council to be taken and paid under
"The Justices of the Peace Act, 1866," and Acts
amending the same, under "The Resident Magistrates
Act, 1867," and Acts amending the same, and under
"The Licensing Act 1873 Amendment Act, 1874,"
and Acts amending the same, shall be abolished, and
in lieu thereof the fees specified in the Schedule
hereto shall be the fees to be taken and paid in
respect of the several proceedings, matters, and
things under the aforesaid Acts mentioned and set
forth in the said Schedule.

SCHEDULE.

Fees under "The Justices of the Peace Act, 1866."

  • Information or complaint, and summons or warrant, s.
    to include one name, and service within 2 miles: 5
  • For every additional name and service within 2 miles: 2
  • For every summons to a witness, to include one
    name only and service thereof, within 2 miles of
    the Court: 2
  • For every deposition in evidence and swearing
    same, after the first three: 2
  • Conviction or order: 2
  • For every warrant of commitment: 3
  • Recognizance, with or without sureties: 5
  • For every enlargement or renewal thereof: 2
  • Notice to sureties, for each surety: 1
  • Notice to principal: 1
  • Mileage for service of any summons or execution
    of any warrant, 1s. a mile beyond 2 miles from
    the Courthouse from which the service com-
    mences, or actual expenses, at the discretion of
    the Magistrate: ...
    (The foregoing fees are not to be taken in
    case of indictable offences.)
  • Certificate of dismissal of information or complaint: 1
  • For every warrant of distress upon conviction
    for a penalty or upon an order for the payment
    of money: 3
  • For any document required in the discharge of
    the duties of Justices of the Peace not enume-
    rated in this Schedule, for each and every 100
    words: 1
  • Copy of any proceedings, for every 100 words
    or fractional part thereof: 1
  • Drawing case for appeal, where the case does not
    exceed 5 folios of 100 words: 10
  • For every additional folio: 1
  • For certificate of refusal of case: 2
  • For form of appeal when appeal is not upon
    a case stated: 5

Fees under "Resident Magistrates Act, 1867," and
"Resident Magistrates Act, 1868."

(1867.)

Item Not exceeding £5 Not exceeding £10 Not exceeding £20 Not exceeding £50 Not exceeding £100
s. s. s. s. s.
Plaint, summons, service 4 6 11 13 17
Hearing and judgment 3 5 8 12 20
For each additional summons and ser-
vice where more than one defendant 2 4 6 8 10
Filing notice of set off 1 2 3 4 6
Summons for each witness 1 2 2 3 3
Every order not being final 1 2 3 4 5
Adjournment of hearing on applica-
tion of either party 1 2 3 4 5
Filing agreement as to jurisdiction 2 2 2 2 2
Application for rehearing 2 3 4 5 6
Order for rehearing 1 2 3 4 5
Order giving leave to appeal 5 10 ... ...
Settling case for appeal, not exceed-

ing 5 folios (1s. for every additional
folio to be added) | | 10 | 10 | 10 | 10 |
| Warrants of distress and execution | 3 | 4 | 5 | 6 | 7 |
| Poundage on warrants— | | | | | |
| If goods sold under levy, 1s. in the
pound on gross proceeds, not to
exceed 1s. in the pound on amount
to be levied | | | | | |
| If execution stayed after levy, 1s.
in the pound on amount for which
warrant was issued | | | | | |
| Keeping possession, 8s. per day | | | | | |
| Auctioneer's commission, £5 per cent. | | | | | |
| Advertising, actual cost | | | | | |
| For every application to the Court,
not being a hearing | 2 | 3 | 4 | 5 | 6 |



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1880, No 66





✨ LLM interpretation of page content

🪶 Varying Date of Trial of Maori Prisoners (continued from previous page)

🪶 Māori Affairs
29 June 1880
Maori Prisoners, Trial date variation, Lands Inquiry Act, Order in Council
  • Forster Goring, Clerk of the Executive Council

⚖️ Fees to be taken in Magistrates' Courts under various Acts

⚖️ Justice & Law Enforcement
29 June 1880
Court fees, Justices of the Peace Act, Resident Magistrates Act, Licensing Act, Fee schedule
  • Hercules Robinson, Governor
  • Governor in Council