Mining Act Forms and Fees




Jan. 30.] THE NEW ZEALAND GAZETTE. 249

Form 66 (Reg. 92).
Under “The Mining Act, 1898.”
MEMORANDUM OF CONSENT BY PARTIES TO APPEAL.
No. of the year 1.
In the Warden's Court of the Mining District, held at
Between A.B., plaintiff, and C.D., defendant.
We, the above-named plaintiff and defendant, do hereby consent that any appeal which may be made herein shall lie to the Supreme Court of New Zealand, sitting at , and not to the District Court.
Dated at , this day of , 1.
A.B. [or A.B., by his Solicitor, E.F.], Appellant.
C.D. [or C.D., by his Solicitor, G.H.], Respondent.

Form 67 (Reg. 92).
Under “The Mining Act, 1898.”
NOTICE OF APPEAL.
No. of the year 1.
In the Warden's Court of the Mining District, held at
Between A.B., plaintiff, and C.D., defendant.
Take notice that I, , the above-named plaintiff [or defendant], being desirous of appealing from the decision of the Warden's Court in this suit, which decision was as follows [Here copy out minute of same as recorded in the judgment-book], intend to appeal against such decision on matter of fact alone [or on matter of law alone, or on both fact and law, as the case may be], and that the following are briefly the matters of law forming the ground of appeal:—
[Here set same out substantially but concisely in distinct paragraphs.]
The said appeal is made to the Supreme Court of New Zealand, District, held at [or to the District Court of District, held at , as the case may be].
You, the said plaintiff [defendant, applicant, or objector, as the case may be], are therefore called on to show why the said decision shall not be [Here state whether total or only partial reversal is sought, or what measure of relief the appellant deems himself entitled to].
Dated this day of , 1.
A.B.
[Signature of party appealing, either by himself or his Solicitor.]

SIXTH SCHEDULE. (Reg. 93.)
WARDEN'S COURT.
Table of Fees.
£ s. d.
Summonses .. .. .. .. .. 0 2 0
Summonses to witnesses .. .. .. 0 2 0
Service of summonses, if to be made by bailiff within one mile of the Courthouse .. .. 0 3 0
For every extra mile, one way .. .. 0 1 0
Hearing .. .. .. .. .. 0 4 0

£ s. d.
Adjournment of hearing, when made on application of plaintiff or defendant .. .. .. 0 2 0
Filing demand for assessors .. .. .. 0 2 0
Notice of payment into Court .. .. .. 0 2 0
Order of the Court or a Warden in a suit .. .. 0 2 0
Entering of judgment .. .. .. .. 0 2 0
Filing notice of ground of appeal .. .. 0 8 0
Distress warrant .. .. .. .. 0 4 0
Issuing warrant to bailiff to deliver possession to a plaintiff or defendant of premises recovered .. 0 4 0
Executing any distress warrant beyond one mile from the Courthouse, for every extra mile, one way .. .. .. .. .. 0 1 0
Poundage on the sum levied or received in execution, for every £1 .. .. .. .. 0 1 0
Serving or executing any writ of arrest, injunction, writ of attachment, or any summons, order, warrant, precept, writ, or other process not hereinbefore provided for, if within one mile of the Courthouse .. .. .. .. 0 4 0
For every extra mile, one way .. .. .. 0 1 0
For keeping possession per diem any sum not exceeding .. .. .. .. .. 0 8 0
For every extra mile beyond one mile, one way 0 1 0
Auctioneers' commission on goods sold, not exceeding five per cent. (to be paid into Public Account where the bailiff acts as auctioneer).
Advertising—For three lines of space not exceeding 3s., and 3d. for every additional line.
Executing distress warrant against the goods if satisfied within two hours of the levy .. .. 0 4 0
For every search .. .. .. .. 0 1 0
For any document required in proceedings and not enumerated in the Schedule .. .. .. 0 2 0
For copy of any proceedings, every complete folio of ninety words or part thereof .. .. 0 0 6
Cartage of goods seized in execution to auction-room or place of security: reasonable expenses actually paid to be supported by voucher.
Filing any consent or agreement .. .. .. 0 2 0
Filing notice of any application for a rehearing .. 0 2 0

Allowance to Witnesses.
Professional men, merchants, and esquires, not exceeding, per diem .. .. .. .. 1 1 0
Tradesmen, mechanics, and miners, ditto .. .. 0 10 0
Labourers, &c., ditto .. .. .. .. 0 8 0
Mileage one way .. .. .. .. 0 1 0

Where any act has to be done or any document required to carry out and enforce (a) any judgment, decision, or order of the Warden or the Warden's Court in civil proceedings, or any conviction or order of such Court in (b) criminal proceedings, or (c) proceedings imposing a penalty, then in so far as no fee is charged for such act or document in the foregoing Schedule the fees chargeable shall in the case (a) be those chargeable under “The Magistrates' Courts Act, 1898,” and in case (b) or case (c) those chargeable under “The Justices of the Peace Act, 1882.”

J. F. ANDREWS,
Acting-Clerk of the Executive Council.

By Authority: JOHN MACKAY, Government Printer, Wellington.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1899, No 8





✨ LLM interpretation of page content

⚖️ Form 66: Memorandum of Consent to Appeal under Mining Act 1898

⚖️ Justice & Law Enforcement
Mining Act 1898, Warden’s Court, Appeal consent, Supreme Court, Solicitor

⚖️ Form 67: Notice of Appeal under Mining Act 1898

⚖️ Justice & Law Enforcement
Mining Act 1898, Warden’s Court, Appeal notice, Supreme Court, Grounds of appeal

⚖️ Sixth Schedule: Table of Fees for Warden’s Court Proceedings

⚖️ Justice & Law Enforcement
Warden’s Court, Court fees, Summonses, Hearing, Adjournment, Distress warrant, Witness allowance, Mileage
  • J. F. Andrews, Acting-Clerk of the Executive Council