1180
THE NEW ZEALAND GAZETTE.
[No. 52

herein shall lie to the Supreme Court, sitting at
, and not to the District Court.

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.

Form 92 (Reg. 110).

Under “The Mining Act, 1898.”

NOTICE OF APPEAL.

No.
of the year 19
.

In the Warden’s Court of the
Mining District, holden at
.

Between A.B., plaintiff, and C.D., defendant.
[Or, if the appeal is from the decision of the Warden in his administrative capacity—

In the matter of an application numbered
in the Application Record-book, at
, for
(Here state subject-matter—e.g., a license for a special dredging claim).

Between A.B., applicant, and C.D., objector.]

TAKE notice that I,
, the above-named plaintiff [or defendant, or applicant or objector], being dissatisfied with the decision of the Warden’s Court [or the Warden] in these proceedings, which decision was as follows—[Here copy out minute of same as recorded in the judgment-book or record-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 appeal is made to the Supreme Court, holden at
[or to the District Court, holden 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 at
, this
day of
, 19
.

A.B.

[Signature of party appealing, either by himself or his Solicitor or registered Agent.]

SEVENTH SCHEDULE.
(Reg. 111.)

WARDEN’S COURT.

Table of Fees.

£
s.
d.

Summons to defendant, for each defendant to be served
...
...
...
0
2
0

Summons to witness, for each witness to be served
...
...
...
0
2
0

Service of any summons by bailiff or police officer, for each defendant or witness to be served
...
...
0
3
0

Mileage for service of any summons or copy of summons by bailiff or police officer, for every mile, one way, after the first mile, from the Courthouse or police-station from which service commences
...
...
...
0
1
0

Hearing
...
...
...
0
4
0

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 intention to 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

Allowances 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 is required in order to carry out and enforce (a) any judgment, decision, or order of the Warden or the Warden’s Court in civil proceedings, or (b) any conviction or order of the Warden or the Warden’s Court in proceedings imposing a penalty, then in so far as no fee is charged for such act or document in this Schedule, the fees chargeable shall in case (a) be those chargeable under “The Magistrates’ Courts Act, 1893,” and in case (b) be those chargeable under “The Justices of the Peace Act, 1882.”