Rules for Magistrates' Courts




make under "The Married Women's Property Protection Act, 1880," "The Adoption
of Children Act, 1881," "The Regulation of Local Elections Act, 1876," or any other
Act for the time being in force, and of all miscellaneous matters. The Minute-book
shall be a blank book (demy size), ruled faint blue with a red marginal line, and
shall be paged and indexed.

Where the proceeding or matter of which minute is made relates to an action
which commenced with entering a plaint under the Act, such minute shall be
headed with the plaint number, and a memorandum shall be made on or attached to
the plaint-note of the proceeding or matter, and showing the page of the book where
minute of such proceeding or matter is entered.

When an order is made or proceeding taken under any special Act, the said order
or proceeding shall be indexed under heading of such Act.

Every minute or order entered in the Minute-book shall be signed by the Magistrate or Justices before whom the proceeding is taken, or by whom the order is made.

  1. Warrant-book.

The Clerk shall keep a book in the Form No. 3 in Appendix A hereto, in which
he shall enter the particulars as therein provided of all warrants under civil process
issued to the Bailiff of his Court, or forwarded to any foreign Court for execution, and
in which he shall enter the amounts respectively received on such warrants.

  1. Search-book.

The Clerk shall keep a book in the Form No. 5 in Appendix A hereto, to be
called the "Search-book." Every application for a search shall be entered therein,
and signed by the applicant. The stamp denoting the fee for such search shall be
affixed in the Search-book and cancelled by the Clerk.

  1. Issue of Summons when more than one Defendant.

When a summons is issued, and there is more than one defendant, it shall be
sufficient to issue one Court-copy for the purpose of affidavit of service containing the
names of all the defendants, except when the defendants reside in different places, in
which case a Court-copy for purpose of affidavit shall be sent to each place. If
there shall be more than one defendant, the names of all the defendants shall be
included in each summons.

  1. Summons to be served and returned without Delay.

The Bailiff or other person who serves any summons shall forthwith make an
affidavit showing the true place, time, and mode of service, and return the Court-copy
summons with such affidavit to the Clerk from whom he shall have received it; and
such copy, if issued from a foreign Court, shall be forwarded without delay to such
Court, to be there filed. If, on the day appointed for a sitting of the Court, any
summonses issued for such sitting are unserved, the Bailiff shall report in writing
(Form No. 11) to the Clerk in each case the reason of such non-service.

  1. Clerk of Foreign Court may correct Mileage or Residence of Defendant.

Whenever any process is sent to the Clerk of a foreign Court to be dealt with in
accordance with the provisions of the Act, on which the amount charged for mileage
is incorrect, or in which the defendant's residence is incorrectly stated, the Clerk of
the foreign Court to whom such process is sent may make all necessary alterations
in such process, and when such process is a summons the same may be served on the
defendant whenever he may be found.

  1. Form of Summons.

The summons to be issued to each defendant under section 71 of the Act shall be
in the Form No. 16 in Appendix A hereto. It shall have indorsed thereon a notice
to the defendant in the Form No. 18 of the said Appendix. When the defendant is a
Native, a translation in the Form No. 16 (Maori) shall be attached. The summons to
be issued under subsection (2) of section 72 of the Act shall be in the Form No. 17 in
the said Appendix A. A summons issued under section 81 of the Act shall be in
the said Form No. 16, and shall bear on the face of it the words "Issued by leave of
the Court." The copy or copies for service of every summons shall be marked
"Duplicate." On the copy of every summons to be filed in Court there shall be
indorsed an affidavit of service, in the Form No. 19 in the said Appendix A.

  1. Authority to dispense with Personal Service.

The authority to dispense with personal service provided for in section 79 of the
Act shall be in the Form No. 23 in Appendix A hereto, or to the like effect, and the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 44





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⚖️ Rules for Magistrates' Courts (continued from previous page)

⚖️ Justice & Law Enforcement
4 June 1894
Magistrates' Courts, Rules, Regulations, Minute-book, Warrant-book, Search-book, Summons, Service, Foreign Court, Forms