248
THE NEW ZEALAND GAZETTE.
[No. 8

Form 57 (Reg. 92).
Under “The Mining Act, 1898.”
NOTICE OF COUNTER-CLAIM.

In the Warden’s Court of the Mining District, held at
Between , plaintiff,
and , defendant.
TAKE notice that the defendant intends, at the hearing of this suit, to set up a counter-claim, particulars whereof are attached hereto. [Here insert particulars of basis of counter-claim, as in a statement of claim.]
Dated at , this day of , 1 .
Defendant [or Solicitor for the defendant].
To the plaintiff, and the Clerk of the Court.

Form 58 (Reg. 92).
Under “The Mining Act, 1898.”
NOTICE OF PAYMENT INTO COURT OF WHOLE CLAIM.

In the Warden’s Court of the Mining District, held at
Between , plaintiff,
and , defendant.
TAKE notice that the defendant has paid into Court the sum of pounds shillings and pence, being the full amount of your demand in this action, together with your costs herein, amounting to pounds shillings and pence.
Dated at , this day of , 1 .
Defendant [or Solicitor for the defendant].
To the plaintiff,

Form 59 (Reg. 92).
Under “The Mining Act, 1898.”
NOTICE OF PAYMENT INTO COURT OF PART OF CLAIM.

In the Warden’s Court of the Mining District, held at
Between , plaintiff,
and , defendant.
TAKE notice that the above-named defendant [or one of the defendants] has paid into Court the sum of £ in satisfaction of so much of the plaintiff’s claim as relates to [Insert particulars].
Dated at , this day of , 1 .
Defendant [or Solicitor for the defendant].
To the plaintiff,

Form 60 (Reg. 92).
Under “The Mining Act, 1898.”
APPLICATION FOR A REHEARING.

In the Warden’s Court of the Mining District, held at
Between , plaintiff,
and , defendant.
Judgment for , plaintiff [or defendant], for the amount of [or as the case may be] given on the day of , 1 .
I, , being the plaintiff [or defendant] in this action, hereby apply to have a rehearing of the said action, on the following grounds: [Here state grounds for application].
Dated at , this day of , 1 .
[Signed.]
To the Clerk

Form 61 (Reg. 92).
Under “The Mining Act, 1898.”
NOTICE OF APPLICATION FOR A REHEARING.

In the Warden’s Court of the Mining District, held at
Between , plaintiff,
and , defendant.
TAKE notice that the has applied for a rehearing of this suit on the following grounds [Stating them], and his application will be heard before the Warden at , on , the day of , 1 , at the hour of in the noon.
Dated at , this day of , 1 .
Clerk.
To the plaintiff [or defendant].

Form 62 (Reg. 92).
Under “The Mining Act, 1898.”
ORDER FOR A REHEARING.

In the Warden’s Court of the Mining District, held at
Between , plaintiff,
and , defendant.
IT is ordered that the judgment in this suit and all subsequent proceedings be set aside, and a rehearing had between the parties on [Set out the terms and conditions, if any].
Given under my hand and the seal of the said Court, this day of , 1 .
Warden.

Form 63 (Reg. 92).
Under “The Mining Act, 1898.”
MEMORANDUM OF AGREEMENT BY PARTIES TO A SUIT, OR THAT THE DECISION OF THE WARDEN OR WARDEN’S COURT SHALL BE FINAL.

In the Warden’s Court of the Mining District, held at
No. of year 1 .
A.B., plaintiff, and C.D., defendant.
WE, the above-named plaintiff and defendant, do hereby agree that the decision of the above Court in the above suit shall be final.
Dated at , this day of , 1 .
A.B. [or A.B., by his Solicitor, E.F.], Plaintiff.
C.D. [or C.D., by his Solicitor, G.H.], Defendant.

Form 64 (Reg. 92).
Under “The Mining Act, 1898.”
ORDER OR INJUNCTION.

In the Warden’s Court of the Mining District, held at
No. of the year 1 .
Between , plaintiff,
and , defendant.
UPON reading the affidavit of A.B., sworn the day of , 1 [Recite any other affidavits used on the application, and if evidence vivâ voce shall be given either with or without affidavits, add or say upon hearing the evidence of C.D.], and upon hearing E.F., of , in person [or Mr. , of counsel or solicitor for E.F., of ], [and if the application be on notice and the other party appear, then add and upon hearing G.H. (the other party), of , in person (or Mr. , of counsel or solicitor for the said G.H.); or if the other party do not appear, say and upon service of notice of this application upon G.H. being proved to my satisfaction], I do hereby order that [State the matter in the words of the Act as near as may be].
Given under my hand and the seal of the above Court, this day of , 1 .
J.K.,
Warden.

Form 65 (Reg. 92).
Under “The Mining Act, 1898.”
FORM OF FINAL DECISION AND ORDER.

In the Warden’s Court of the Mining District, held at
No. of the year 1 .
Between , plaintiff,
and , defendant.
A.B. and C.D., complainants; E.F. and G.H., defendants.
I FIND [If upon the decision of Assessors, insert upon the decision of Assessors] that [Set forth the decision]; and I order [State the Warden’s order in full, as for instance, that possession of the land (describing it as described in the Schedule to this order) be delivered to A.B. and C.D.]; and that the said E.F. and G.H. do pay to the said A.B. and C.D. the sum of pounds for damages, and pounds for costs. I also order that certain auriferous earth, metal, or mineral in the possession of the said A.B., and which has been valued by me [or by the said Assessors] at , shall be delivered to the said A.B. and C.D., in satisfaction [or in part satisfaction] of such damages and costs.
Dated this day of , 1 .
J.K.,
Warden.

NOTE.—The statements in this form are by way of example only. The form must be filled up according to the nature of the case.