New Zealand Gazette – 1881 – No. 16

Page 269

✨ Court Rules and Forms



MAR. 3.] THE NEW ZEALAND GAZETTE. 269

the hearing the case shall proceed as if the claimant
were the plaintiff and the execution creditor the
defendant.

Application for rehearing to be in writing.
21. No application for a rehearing shall be enter-
tained unless made in writing, and whenever both
parties do not concur in such application, notice
thereof, stating the time and place at which it is
intended to make such application, shall be served
upon the opposite party at least twenty-four hours
before the time therein stated for making such appli-
cation. The application and notice shall be in the
Forms J and K hereunto annexed.

Adjournment by consent.
22. Where a summons has been served the parties
may, by consent, at any time before the cause is
called on, adjourn the hearing to such subsequent
day as the Court shall direct, upon payment to the
Clerk of the fee on such adjournment.

Statement of case on appeal to be given within ten days after
notice.
23. It shall be the duty of the party appealing to
deliver to the opposite party, or to his solicitor,
within ten days of giving security as by law required, a
written statement of the case. If the party receiving
such statement does not agree with the appellant as
to the statement of the case in writing within seven
days after the receipt thereof, then it shall be the
duty of the parties, or either of them, to apply in
writing within three days from the expiration of the
said seven days to the Resident Magistrate of the
district, or Justices of the Peace present at the
hearing, to settle the case; and if this rule be not
complied with, the successful party may proceed on
the judgment, unless the Resident Magistrate or
Justices of the Peace shall otherwise order.

All documents in civil case to be affixed to plaint.
24. The Clerk shall attach to the plaint required
to be delivered to him in terms of Rule No. 3 all
documents and processes belonging to the case.

Fees under "Imprisonment for Debt Abolition
Act, 1874."

The costs which shall be payable in Magistrates'
Courts by persons imprisoned under "The Imprison-
ment for Debt Abolition Act, 1874," shall be the fees
following, and such fees shall be deemed to be and
shall be the prescribed costs referred to in section
thirteen of the said Act:-

On amount unpaid, not exceeding
£5 £10 £20 £50 £100
s. d. s. s. s. s. s. s. s. s.
Summons, hearing, and order ... 5 8 15 20 30 30
Summons for each witness, including service within 2 miles of Court ... 1 2 3 4
Adjournment of hearing on applica- tion of either party ... 1 2 3 4
Warrant of committal ... 3 4 5 6
Order for discharge under section 14 ... 2 4 6 8
Mileage for service of any summons or execution of any warrant, the same as under "The Resident Magistrates Act, 1867" ...

As witness the hand of His Excellency the
Governor, this twenty-eighth day of Feb-
ruary, one thousand eight hundred and
eighty-one.

THOMAS DICK.

SCHEDULE.

FORM A.
PLAINT-BOOK.
RESIDENT MAGISTRATE'S COURT AT

Date. No. of Plaint. Plaintiff. Residence. Occupation. Defendant. Residence. Occupation. Cause of Action. Amount Sued for. Date of Hearing. Initials of Bailiff. Remarks.
£ s. d.

FORM B.
PLAINT.

No.
In the Resident Magistrate's Court of the District of
holden at
Between
and
plaintiff,
defendant.
THE plaintiff claims to recover from the defendant the sum of
, and requests that a summons may be issued
forthwith.
Dated this day of , 18 .
Plaintiff.

Amount of Stamps affixed. Nature of Fee. Date of Issue.

FORM C.
RECORD OF PROCEEDINGS IN CIVIL CASES IN THE
RESIDENT MAGISTRATE'S COURT AT

Date, 18 No. of Plaint. Plaintiff. Defendant. Amount of Claim. Judgment for Whom, and Amount. Costs.
£ s. d. £ s. d. £ s. d.
Court fees
Mileage
Witnesses' expenses
Solicitor's fee

FORM D.
HOME WARRANT-BOOK.
RECORD OF DOCUMENTS issued out of the Resident Magistrate's
Court at to the Bailiff of the Court.

No. of Plaint. Date of Issue. Plaintiff. Defendant. Nature of Docu- ment. Amount. Receipt of Bailiff. Date Issued for. Result. Date of Return. Amount received from Bailiff. Signature of Recipient.


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VUW Te Waharoa — PDF NZ Gazette 1881, No 16




✨ LLM interpretation of page content

⚖️ Further Rules of Practice and Procedure for Resident Magistrates' Courts (continued from previous page)

⚖️ Justice & Law Enforcement
28 February 1881
Court procedure, Fees schedule, Imprisonment for Debt Abolition Act, Court forms, Resident Magistrates' Court
  • Thomas Dick