✨ Land for Sale, Court Rules
| Section. | Block. | Area. | Cash Price per Acre. | Deferred-payment Price per Acre. | Perpetual Rent per Acre. |
|---|---|---|---|---|---|
| A. R. P. | £ s. d. | £ s. d. | s. d. |
Vincent County.—Lower Hawea Survey District.
18 | IV. | 109 2 0 | 0 15 0 | 0 18 9 | 0 9
Description of Land: Open land, level and dry, portions shingly and poor; situated at Hawea Flat, about 177 miles from Dunedin. Subject to valuation for small hut and fencing, £11, to be paid on date of granting of application.
Waihemo County.—Rock and Pillar Survey District.
4 | XI. | 160 2 11 | 0 15 0 | 0 18 9 | 0 9
Description of Land: Rough, steep, open section. Situated about four miles from Hyde Township. Distance from Dunedin, via Palmerston and Macrae's, about seventy-five miles. Subject to valuation for improvements—hut, fencing, and cultivation, £119 6s., to be paid on date of granting of application.
Clutha County.—Woodland Survey District.
3 | IV. | 171 3 0 | 0 15 0 | 0 18 9 | 0 9
5 | " | 294 0 0 | 0 15 0 | 0 18 9 | 0 9
8 | " | 253 0 0 | 0 15 0 | 0 18 9 | 0 9
10 | " | 233 2 0 | 0 15 0 | 0 18 9 | 0 9
Description of Land: Similar to first-class land in same block, but sections steeper and rougher.
Waitaki County.—Maerewhenua Survey District.
1 | XIV. | 293 3 2 | 0 10 0 | 0 12 6 | 0 6
Description of Land: Steep, open section of poor quality, fronting the Otekaike Stream. Distant from Otekaike Railway-station about five miles, and from Oamaru about thirty-nine miles.
As witness the hand of His Excellency the Governor, this twenty-ninth day of July, one thousand eight hundred and ninety.
G. F. RICHARDSON,
Minister of Lands.
Rules for Resident Magistrates' Courts under "The Imprisonment for Debt Abolition Act, 1874."
ONLOW, Governor.
WHEREAS by "The Imprisonment for Debt Abolition Act, 1874" (hereinafter referred to as "the said Act"), it is enacted that in the said Act the term "prescribed" means, as respects Resident Magistrates' Courts and Courts of Petty Sessions and Justices of the Peace acting under "The Resident Magistrates Act, 1867," or any Acts amending the same, prescribed by general rules or orders to be made by the Governor in like manner as he is now authorised under the said Acts to frame and establish general rules for the purposes thereof; and it is also by the said Act provided that general rules and orders may, as respects the said Courts, Petty Sessions, and Justices so acting as aforesaid, be made by the Governor for the purpose of carrying the said Act into effect:
And whereas by "The Resident Magistrates Act, 1867," it is provided that, in all cases not therein specially provided for, the Governor may from time to time frame and establish general rules and orders regulating the practice and forms of all proceedings in Courts under the said last-mentioned Act, and may from time to time revoke or alter the same; and that such rules and orders, and all alterations thereof, shall be published in the New Zealand Gazette, and when so published shall have the force of law:
And whereas by warrants hereinafter specified the Governor of the Colony of New Zealand did make and prescribe certain rules, forms, and fees for Resident Magistrates' Courts, under the authority of the said Acts, and it is expedient that the said rules, forms, and fees should be revoked, and that the rules, forms, and fees hereinafter mentioned should be made and prescribed, in lieu thereof:
Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the said Colony of New Zealand, in pursuance and exercise of the powers and authority conferred upon me by "The Resident Magistrates Act, 1867," and "The Imprisonment for Debt Abolition Act, 1874," do hereby revoke, as from and after the thirty-first day of July instant, the warrants of the thirtieth day of October, one thousand eight hundred and seventy-four, the nineteenth day of July, one thousand eight hundred and seventy-five, the eleventh day of October, one thousand eight hundred and eighty-two, the first day of June, one thousand eight hundred and eighty-seven, and the twenty-eighth day of June last, issued under the authority of the said Acts, and the rules, forms, and fees thereby prescribed, and in lieu thereof do hereby make and prescribe the general rules, forms, and fees set forth here-under; and I do hereby declare that such last-mentioned rules, forms, and fees shall supersede all others at variance therewith which may have been made or prescribed under the said Acts; and I do hereby further declare that these presents shall take effect on and after the first day of August next.
As witness the hand of His Excellency the Governor, this thirtieth day of July, one thousand eight hundred and ninety.
Rules for Resident Magistrates' Courts under "The Imprisonment for Debt Abolition Act, 1874."
Interpretation.
In the following rules, unless inconsistent with the context, the words "the Act" shall mean "The Imprisonment for Debt Abolition Act, 1874;" the words "clear days" shall mean that, in all cases in which any particular number of days is prescribed for doing any act, or for any other purpose, the same shall be reckoned exclusive both of the first day and of the last day; the word "person" shall include a body politic or corporate, and every word importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number, and words importing the masculine gender only shall include females.
"Magistrate's Court" shall include any Resident Magistrate's Court, or any Resident Magistrate or Justices acting under "The Resident Magistrates Act, 1867," or any Act amending the same.
"District Court" shall mean any Court constituted under "The District Courts Act, 1858," or the Acts amending the same.
Judgment Summons.
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No order under section 8 of the Act shall be made unless a summons to appear and be examined on oath (hereinafter called a "judgment summons") shall have been personally served upon the judgment debtor.
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A judgment summons shall be issued only by a Magistrate's Court when the debtor resides or carries on business within its district, unless leave of such Court or of a Resident Magistrate has been first obtained.
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An application by a judgment creditor for the issue of a judgment summons under the Act shall be in writing, signed by the applicant or his agent, according to the form (1) in the First Schedule hereto, and accompanied by an affidavit in the form (2) in the said Schedule, or by a statutory declaration to the like effect.
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When a judgment creditor desires to apply for a judgment summons to a Magistrate's Court other than the Magistrate's Court in which the order or judgment was obtained, he shall obtain from the Clerk of the Magistrate's Court in which the order or judgment was obtained a certified copy of the order or judgment in the cause, and file the same with his application.
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In any case where the judgment debtor resides or carries on business more than five miles from the Court out of which a judgment summons is sought, the application for such summons shall be accompanied by a tender of expenses. The amount to be deposited shall be sufficient, in the opinion of the Clerk of such Court, to enable the judgment debtor to attend and return from the hearing of such summons, and to provide maintenance for the debtor during such attendance. The Clerk of any Court may decline to issue a judgment summons until such expenses are deposited with the application as aforesaid. The amount so deposited shall (unless the Court otherwise orders) form part of the costs of the judgment summons for all purposes.
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Every judgment summons on an order or judgment of a Magistrate's Court shall be according to the form (3) in the First Schedule, and be issued not less than ten clear days, and be served not less than five clear days, before the day on which the judgment debtor is required to appear, except in the case provided for by rule 9 of these rules.
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Where a party desires to enforce, by commitment in any Magistrate's Court, a judgment, decree, or order of a District Court or of the Supreme Court, he shall obtain from such District or Supreme Court, as the case may be, a copy of such judgment, decree, or order certified by the Registrar or Clerk of the Court, and shall file such copy, together with an affidavit in the form (2) in the First Schedule hereto, with the Clerk of the Magistrate's Court to which the application for the judgment summons is made.
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The Clerk of the Magistrate's Court to which the application for a judgment summons is made shall, in such last-mentioned cases, upon delivery to him of the certified copy of the judgment, decree, or order of the Supreme Court or District Court, as the case may be, file the same, and issue thereon a judgment summons in the form (4) in the First Schedule hereto.
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Where the person applying for the judgment summons shall state to the Clerk of the Magistrate's Court that the
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✨ LLM interpretation of page content
🗺️ Land for Sale or Selection
🗺️ Lands, Settlement & Survey29 July 1890
Land Sale, Vincent County, Waihemo County, Clutha County, Waitaki County, Prices, Conditions
- G. F. Richardson, Minister of Lands
⚖️ Rules for Resident Magistrates' Courts
⚖️ Justice & Law Enforcement30 July 1890
Imprisonment for Debt Abolition Act, Rules, Forms, Fees, Judgment Summons, Court Procedures
- William Hillier, Earl of Onslow, Governor
NZ Gazette 1890, No 42