Legal Forms for Appeals




Mar. 5.] THE NEW ZEALAND GAZETTE. 441

SCHEDULE ANNEXED TO THE FOREGOING ORDER.

FORM No. 1.

Petition of Appeal.

In Her Majesty’s Court of Appeals.

From the [State Court appealed from].

[State title of appeal.]

To the Queen’s Most Excellent Majesty.

THE humble petition of [State name and address of solicitor], solicitor for the above-named [State appellant’s name], showeth:

That in a certain cause lately depending in the [State Court appealed from], promoted by [State name and description of plaintiff in Court below] against [State name and description of defendant and of property, if any, proceeded against in Court below], the [State name of Judge], the Judge of the said Court, did, on the day of , 18 , decree or order [State purport of decree or order appealed from], from which decree or order an appeal has been duly interposed.

Wherefore your petitioner most humbly prays that your Majesty will be graciously pleased to reverse the said decree or order, or to make such order in the premises as to your Majesty shall seem meet.

Dated at , this day of , 18 .

[To be signed by the solicitor.]

FORM No. 2.

Inhibition and Citation.

In Her Majesty’s Court of Appeals.

From the [State Court appealed from].

[State title of appeal.]

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith:

To all and singular Our liege subjects, being literate persons whomsoever and wheresoever in and throughout Our said United Kingdom and other Our dominions, and especially to Our officer lawfully appointed, greeting.

WHEREAS in a cause [State nature of cause] lately depending in [State from what Court the cause is appealed], promoted by [State name and description of plaintiff in Court below] against [State name and description of defendant and of property, if any, proceeded against in Court below], the [State name of Judge], the Judge of the said Court, did, on the day of , 18 [State purport of decree or order appealed from], from which said decree or order an appeal has been duly made to Us in Council on behalf of the said [State name of appellant], and has by Us been referred to the Judicial Committee of our said Council: We do therefore hereby authorize and command you jointly and severally to inhibit, or cause to be inhibited, the said [State name and title of Judge of Court below], from whom the said cause is appealed, his Registrar or Actuary, and the said [State name of respondent] and all other persons whomsoever, that neither they nor any of them pending the said appeal do or attempt anything to the prejudice of the said appellant or of his said appeal; and, further, that you cite, or cause to be cited, the said [State name of respondent], and all other persons having any interest in the said appeal, to enter an appearance in the registry of our Court of Appeals for Ecclesiastical and Maritime Causes, situate at , within days after service hereof; and that you warn them that if they do not enter an appearance as aforesaid We shall proceed to determine the said appeal, or make such order in the premises as to Us shall seem meet.

Given at London, under the seal which We use in this behalf, the day of , in the year of our Lord 18 .

(L.S.) A.B., H.M. Registrar.

Inhibition and citation taken out by .

FORM No. 3.

Motion for Process.

In Her Majesty’s Courts of Appeals.

From the [State Court appealed from].

[State title of cause.]

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith:

To all and singular Our liege subjects, being literate persons whomsoever and wheresoever in and throughout Our said United Kingdom and other Our dominions, and especially to , Our officer lawfully appointed, greeting.

WHEREAS in a cause lately depending in the [State Court appealed from], promoted by [State name and description of plaintiff in Court below] against [State name and description of defendant and of property, if any, proceeded against in Court below], the [State name of Judge], the Judge of the said Court, did, on the day of , 18 [State purport of decree or order appealed from], from which decree or order an appeal has been duly made to Us in Council on behalf of the said [State name of appellant], and has by Us been referred to the Judicial Committee of Our Privy Council:

We do hereby authorize and command you jointly and severally to monish, or cause to be monished, the said [State name and title of Judge of Court below], his Registrar or Actuary, and all other persons in whose custody or control any of the proceedings which in any way relate to the said cause do now remain, that within days after service hereof they transmit, or cause to be transmitted, the whole proceedings had and done in the said cause, in a proper and authentic form, to the registry of Our Court of Appeals for Ecclesiastical and Maritime Causes, situate in , together with these presents.

Given at London, under the seal which We use in this behalf, the day of , in the year of our Lord 18 .

(L.S.) A.B., H.M. Registrar.

Monition for process taken out by .

FORM No. 4.

Appearance.

In Her Majesty’s Court of Appeals.

From the [State Court appealed from].

[State title of appeal.]

I [State name and address of solicitor] hereby certify that I am authorized to and do enter an appearance in this appeal on behalf of [State name, address, and description of party].

Dated the day of , 18 .

[To be signed by the solicitor or by his clerk for him.]

FORM No. 5.

Declaration of Adhesion.

In Her Majesty’s Court of Appeals.

From the [State Court appealed from]

[State title of appeal.]

WHEREAS in a cause lately depending in [State Court appealed from], promoted by [State name and description of plaintiff in Court below] against [State name and description of defendant and of property, if any, proceeded against in Court below], the [State name of Judge], the Judge of the said Court, did, on the day of , 18 , decree or order [State purport of decree or order appealed from], from which decree or order an appeal has been made to Her Majesty in Council on behalf of the said [State name of appellant], and has by Her Majesty been referred to the Judicial Committee of her said Council: Now I [State name], the solicitor for the said [State name], the respondent in the said appeal, do hereby adhere to the same appeal, and do dissent from the said decree or order in so far as [State part of decree or order from which respondent’s solicitor dissents].

Dated the day of , 18 .

[To be signed by the respondent’s solicitor or by his clerk for him.]

FORM No. 6.

Bail-bond.

In Her Majesty’s Court of Appeals.

From the [State Court appealed from].

[State title of appeal.]

WHEREAS in a cause lately depending in [State Court appealed from], promoted by [State name and description of plaintiff in Court below] against [State name and description of defendant and property, if any, proceeded against in Court below], an appeal has been made to Her Majesty in Council on behalf of [State name of appellant], and has by Her Majesty been referred to the Judicial Committee of Her said Council: Now therefore we [State names and descriptions of sureties] hereby jointly and severally submit ourselves to the jurisdiction of the said Judicial Committee, and consent that, if [he] the said [State name of appellant] shall not pay what may be adjudged against [him] for the costs of the said appeal, execution may issue forth against us, our heirs, executors, and administrators, goods and chattels, for a sum not exceeding [State sum in words and figures] pounds.

This bail-bond was signed by the said , and the sureties, the day of , 18 , before me, .

Signatures of sureties.

[To be signed before the Registrar or one of the clerks in the registry, or before a Commissioner.]

FORM No. 7.

Affidavit of Justification.

In Her Majesty’s Court of Appeals.

From the [State Court appealed from].

[State title of appeal.]

[State name, address, and description], one of the proposed sureties for [State name, address, and description of the person



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1884, No 28





✨ LLM interpretation of page content

⚖️ Petition of Appeal Form

⚖️ Justice & Law Enforcement
Appeals, Court of Appeals, Petition, Decree, Order, Solicitor, Appellant, Judge, Court below

⚖️ Inhibition and Citation Form

⚖️ Justice & Law Enforcement
Inhibition, Citation, Court of Appeals, Appeal, Judge, Respondent, Registrar, Ecclesiastical, Maritime
  • A.B., H.M. Registrar

⚖️ Motion for Process Form

⚖️ Justice & Law Enforcement
Motion, Process, Court of Appeals, Appeal, Judge, Registrar, Proceedings, Monition
  • A.B., H.M. Registrar

⚖️ Appearance Form

⚖️ Justice & Law Enforcement
Appearance, Court of Appeals, Solicitor, Party, Appeal

⚖️ Declaration of Adhesion Form

⚖️ Justice & Law Enforcement
Adhesion, Court of Appeals, Solicitor, Respondent, Appeal, Decree, Order

⚖️ Bail-bond Form

⚖️ Justice & Law Enforcement
Bail-bond, Court of Appeals, Appellant, Sureties, Costs, Appeal

⚖️ Affidavit of Justification Form

⚖️ Justice & Law Enforcement
Affidavit, Justification, Court of Appeals, Surety, Appellant