Mining Act Forms




JUNE 18.] THE NEW ZEALAND GAZETTE. 1179

pence, being the full amount of [or, as the
case may be, the sum which he thinks a full
satisfaction for] your demand in this action, and
has also paid into Court the further sum of
pounds shillings and pence for the
costs incurred by you up to the time of the service
of this notice.
Dated at , this day of , 19 .
, Defendant
[or Solicitor or Registered Agent
for the defendant].

To the plaintiff,
——

Form 86 (Reg. 110).
Under “The Mining Act, 1898.”
APPLICATION FOR A REHEARING.
Plaint No.

In the Warden’s Court of the Mining Dis-
trict, held at .
Between , plaintiff,
and , defendant.

Judgment given on the day of , 19 .
I, A.B., being the plaintiff [or defendant] in this
action, hereby apply for a rehearing, on the follow-
ing grounds: [Here state grounds for application].

This application will be made to the Warden on
the day after the service hereof on the defendant
[or plaintiff, as the case may be], or so soon there-
after as it can be heard.

Dated at , this day of , 19 .
A.B.
[or A.B., by his Solicitor or
registered Agent, C.D.].

To the Warden,
——

Form 87 (Reg. 110).
Under “The Mining Act, 1898.”
ORDER FOR A REHEARING.

In the Warden’s Court of the Mining Dis-
trict, held at .
Between , plaintiff,
and , defendant.

It is ordered that the judgment in this action 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 Court,
this day of , 19 .
, Warden.
——

Form 88 (Reg. 110).
Under “The Mining Act, 1898.”
MEMORANDUM OF AGREEMENT BY PARTIES TO A
SUIT THAT THE DECISION OF THE WARDEN OR
WARDEN’S COURT SHALL BE FINAL.

No. of year 19 .

In the Warden’s Court of the Mining Dis-
trict, held at .
A.B., plaintiff, and C.D., defendant.

WE, the above-named plaintiff and defendant, do
hereby agree that the decision of the Warden or
Warden’s Court in the above suit shall be final.

Dated at , this day of , 19 .
A.B. [or A.B., by his Solicitor or
registered Agent, E.F.],
Plaintiff.
C.D. [or C.D., by his Solicitor or
registered Agent, G.H.],
Defendant.

F

Form 89 (Reg. 110).
Under “The Mining Act, 1898.”
FORM OF INJUNCTION OR OTHER ORDER.

No. of the year 19 .

In the Warden’s Court of the Mining Dis-
trict, held at .
Between , plaintiff,
and , defendant.

UPON reading the affidavit of A.B., sworn and filed
herein the day of , 19 [Recite
any other affidavits used on the application, and, if
evidence vivâ voce has been given either with or
without affidavits, add and upon hearing the evi-
dence of C.D.], and upon hearing the plaintiff
[or defendant, as the case may be], in person [or
Mr. , as counsel or solicitor or registered
agent for the plaintiff (or defendant)] [and, if the
application is on notice and the other party has ap-
peared, then add and upon hearing the defendant
(or plaintiff, as the case may be) in person (or Mr.
, as counsel or solicitor or registered agent
for the defendant (or plaintiff); or, if the other
party does not appear, say and upon service of
notice of this application upon the plaintiff (or
defendant) being proved to my satisfaction, and he
not appearing], I do hereby order that [State the
subject-matter of the order].

Given under my hand and the seal of the Court,
at , this day of , 19 .
, Warden.
——

Form 90 (Reg. 110).
Under “The Mining Act, 1898.”
FORM OF FINAL DECISION AND ORDER.

No. of the year 19 .

In the Warden’s Court of the Mining Dis-
trict, held at .
Between , plaintiff,
and , defendant.

I FIND [If upon the decision of Assessors, insert upon
the decision of Assessors] that [Set forth the deci-
sion]; and I order [State the order, as, for instance,
that possession of the land (describing it as de-
scribed in the Schedule to this order) be delivered
to ]; and that the said do pay to
the said 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 ,
and which has been valued by me [or by the said
Assessors] at , be delivered to the said
in satisfaction [or in part satisfaction] of
such damages and costs.

Given under my hand and the seal of the Court
this day of , 19 .
, Warden.

[NOTE.—The statements in this and the preceding
forms are by way of example only.
——

Form 91 (Reg. 110).
Under “The Mining Act, 1898.”
MEMORANDUM OF AGREEMENT TO APPEAL TO
SUPREME COURT.

No. of the year 19 .

In the Warden’s Court of the Mining Dis-
trict, held at .
Between A.B., plaintiff, and C.D., defendant.

WE, the above-named plaintiff and defendant, do
hereby agree that any appeal that may be made



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1900, No 52





✨ LLM interpretation of page content

🌾 Form 86: Application for Rehearing under Mining Act 1898

🌾 Primary Industries & Resources
Mining Act 1898, Warden's Court, Rehearing Application, Plaintiff, Defendant

🌾 Form 87: Order for Rehearing under Mining Act 1898

🌾 Primary Industries & Resources
Mining Act 1898, Warden's Court, Rehearing Order, Judgment Set Aside

🌾 Form 88: Memorandum of Agreement for Final Decision under Mining Act 1898

🌾 Primary Industries & Resources
Mining Act 1898, Warden's Court, Final Decision Agreement, Plaintiff, Defendant

🌾 Form 89: Form of Injunction or Other Order under Mining Act 1898

🌾 Primary Industries & Resources
Mining Act 1898, Warden's Court, Injunction, Affidavit, Order

🌾 Form 90: Form of Final Decision and Order under Mining Act 1898

🌾 Primary Industries & Resources
Mining Act 1898, Warden's Court, Final Decision, Damages, Costs, Mineral Delivery

🌾 Form 91: Memorandum of Agreement to Appeal to Supreme Court under Mining Act 1898

🌾 Primary Industries & Resources
Mining Act 1898, Warden's Court, Supreme Court Appeal, Plaintiff, Defendant