✨ Mining Act Forms
660 THE NEW ZEALAND GAZETTE. [No. 16
Form 72 (Reg. 122).
Under “The Mining Act, 1905.”
RECORD-BOOK.
| No. of Plaint. | Date of Plaint. | Plaintiff. | Defendant. | Nature of Relief sought. | Amount of Demand pecuniary. | Decision, and stating whether heard before Assessors or not. | Date when and Name of Person to whom Certificate of Decision given. | Date of Order in Suit. | Memorandum. | Date of Notice of Appeal, if any received. | General Remarks and Observations by Warden. |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Name. | Address. | Name. | Address. |
Form 73 (Reg. 123).
Under “The Mining Act, 1905.”
STATEMENT OF CLAIM.
No. .
In the Warden’s Court of the Mining District,
held at .
Between A. B. [Name in full], of [Residence and occupation], plaintiff, and
C. D. [Name in full], of [Residence and occupation], defendant.
THE plaintiff sues the defendant, and says—
(1.) [Here set out in paragraphs, consecutively numbered, clearly and concisely the basis of the plaintiff’s claim.]
Wherefore the plaintiff claims as follows:—
(a.) [Here set out in paragraphs, consecutively numbered, clearly and concisely, the relief claimed by the plaintiff, including (if necessary) the amount in money for which judgment is sought.]
The plaintiff’s address for service is: .
Form 74 (Reg. 123).
Under “The Mining Act, 1905.”
SUMMONS TO DEFENDANT.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.
You [If more than one defendant, add and each of you], the above-named defendant, are hereby summoned to attend at the Warden’s Court of the Mining District, to be held at the Courthouse at , on day, the day of , 19 , at the hour of o’clock in the noon, to answer the plaintiff’s statement of claim, copy whereof is annexed hereto.
Herein fail not, or the case will be heard and determined in your absence.
Debt or claim (if any) £
Cost of summons ..
Extra mileage ..
Subpoenas ..
Plaint fee ..
£
Given under my hand and the seal of the Warden’s Court, at , this day of , 19 . , Clerk of the Court.
Hours of attendance at the office of the Clerk at From till , except on , when the office will be closed at , and on , when the office will be closed all day.
This summons was sued out by the plaintiff [or , solicitor (or registered agent) for the plaintiff], whose address for service is .
NOTICE.
[To be noted or indorsed on the summons, and on each duplicate thereof.]
To the defendant.
If you pay to the Clerk of the Court the debt and costs as stated in the summons, and give notice to the plaintiff, or his solicitor or registered agent, at least twenty-four hours before the day of hearing, the action will be stayed; but you may pay the same at any time before the hearing, subject to the payment of further costs.
If you rely on a counterclaim by way of defence, you must file a copy with the Clerk of the Court and serve a copy on the plaintiff, or his solicitor or registered agent, at least twenty-four hours before the time appointed for the hearing of the suit.
Summonses for witnesses and for the production of documents will be issued on application at the office of the Clerk.
Form 75 (Reg. 123).
Under “The Mining Act, 1905.”
AFFIDAVIT OF SERVICE OF SUMMONS TO BE INDORSED ON COURT COPY.
I, [Name, residence, and occupation], do swear that I served the within-named with a summons, a true copy of which is within written, marked “A,” together with a copy of the statement of claim hereunto annexed, marked “B,” by delivering the same to him personally [If summons served otherwise than personally, state precisely mode of service] at , on , the day of , 19 .
[Signature of deponent.]
Sworn at , this day of , 19 , before me—
, Warden
[Solicitor of the Supreme Court, Justice of the Peace, or Clerk].
Form 76 (Reg. 123).
Under “The Mining Act, 1905.”
SUMMONS TO WITNESS TO PRODUCE.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.
To [Name in full, residence, and occupation of witness].
You are hereby commanded to attend at the Warden’s Court of the Mining District, held at , on , the day of , 19 , at the hour of o’clock in the , to give evidence on behalf of the plaintiff [or defendant], and then and there to have and produce [State any particular documents required], and all other books, papers, writings, and other documents relating to the said action which may be in your custody, possession, or power. Herein fail not at your peril.
Given under my hand and the seal of the Court, at , this day of , 19 . , Clerk of the Court.
Form 77 (Reg. 123).
Under “The Mining Act, 1905.”
SUMMONS TO WITNESS TO APPEAR.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.
To [Name in full, residence, and occupation of witness].
You are hereby commanded to attend at the Warden’s Court of the Mining District, held at , on , the day of , 19 , at the hour of o’clock in the , to give evidence on behalf of the plaintiff [or defendant]. Herein fail not at your peril.
Given under my hand and the seal of the Court, at , this day of , 19 . , Clerk of the Court.
Form 78 (Reg. 123).
Under “The Mining Act, 1905.”
DEMAND FOR ASSESSORS.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.
TAKE notice that I, A.B., the above-named plaintiff [or defendant, as the case may be], hereby demand that this suit be tried by Assessors pursuant to “The Mining Act, 1905.”
Dated at , this day of , 19 .
A.B. [or A.B., by his Solicitor or Registered Agent, C.D.].
To the Clerk of the Court,
.
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Forms for Use in Warden’s Court
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⚖️ Justice & Law EnforcementWarden’s Court, Forms, Mining Act 1905, Legal procedures
NZ Gazette 1907, No 16