✨ Forms for Warden's Court
Feb. 18.] THE NEW ZEALAND GAZETTE. 661
Form 79 (Reg. 123).
Under “The Mining Act, 1905.”
CLERK’S NOTICE TO PARTIES OF TRIAL BY ASSESSORS.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
Between , plaintiff,
and , defendant.
TAKE notice that this case will be tried by Assessors, the
plaintiff [or defendant, as the case may be] having demanded
a trial by Assessors.
Dated at , this day of , 19 .
, Clerk of the Court.
To the plaintiff [or defendant, as the case may be].
From 80 (Reg. 123).
Under “The Mining Act, 1905.”
SUMMONS TO ASSESSOR.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
You are hereby summoned to appear and serve as an Assessor
in this Court at the Courthouse at , on the
day of , 19 , at the hour of in the
noon, upon the trial of the cause or causes to be taken and
tried by Assessors.
In default of attendance you will be liable to a penalty
not exceeding five pounds.
Dated at , this day of , 19 .
, Clerk of the Court.
To [Full name, residence, and occupation].
Form 81 (Reg. 123).
Under “The Mining Act, 1905.”
ORDER FINING AN ASSESSOR FOR NON-ATTENDANCE.
In the Warden’s Court of the Mining District,
held at .
WHEREAS was duly summoned to appear and serve
this day as an Assessor in this Court upon the trial of the
cause or causes to be tried by Assessors at this Court: And
whereas he has neglected, without sufficient cause shown,
to appear and serve as an Assessor at this Court: It is hereby
ordered that he shall forthwith [or on or before the
day of , 19 ] pay to the Clerk of this Court at
a fine of £ for such neglect.
Dated at , this day of , 19 .
, Warden.
Hours of attendance at the office of the Clerk [Place of
office]: From until , except on [Here insert
the days of the week on which the office will be closed on part of
the day], when the office will be closed at , and on
, when the office will be closed all day.
Form 82 (Reg. 123).
Under “The Mining Act, 1905.”
OATH OF ASSESSORS.
I, A.B., do swear well and truly to try and determine the
matters which shall be brought before me, and a true
decision to give, according to the evidence. So help me
God.
Form 83 (Reg. 123).
Under “The Mining Act, 1905.”
DECLARATION OF ASSESSOR IN LIEU OF OATH.
I, A.B., do solemnly, sincerely, and truly affirm and declare
that I will well and truly try and determine the matters
which shall be brought before me, and a true decision give
according to the evidence.
Form 84 (Reg. 123).
Under “The Mining Act, 1905.”
NOTICE OF COUNTERCLAIM.
Plaint No. .
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 counterclaim, particulars whereof are
attached hereto.
The defendant’s address for service is:
Dated at , this day of , 19 .
, Defendant
[or Solicitor or Registered Agent
for the defendant].
To the plaintiff, and the Clerk of the Court.
[Attach particulars of counterclaim, as in a statement of
claim.]
Form 85 (Reg. 123).
Under “The Mining Act, 1905.”
NOTICE OF PAYMENT INTO COURT.
Plaint No. .
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 [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. 123).
Under “The Mining Act, 1905.”
APPLICATION FOR A REHEARING.
Plaint No. .
In the Warden’s Court of the Mining District,
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 following 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 thereafter 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. 123).
Under “The Mining Act, 1905.”
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 action and all sub-
sequent proceedings be set aside, and a rehearing had be-
tween 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. 123).
Under “The Mining Act, 1905.”
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 District, 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.
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✨ LLM interpretation of page content
⚖️
Forms for Use in Warden’s Court
(continued from previous page)
⚖️ Justice & Law EnforcementWarden’s Court, Forms, Mining Act 1905, Legal procedures
⚖️ Clerk’s Notice to Parties of Trial by Assessors
⚖️ Justice & Law EnforcementTrial by Assessors, Warden’s Court, Legal notice
⚖️ Summons to Assessor
⚖️ Justice & Law EnforcementSummoning Assessor, Warden’s Court, Legal procedures
- [Full name], Summoned as Assessor
⚖️ Order Fining an Assessor for Non-Attendance
⚖️ Justice & Law EnforcementFine for Non-Attendance, Assessor, Warden’s Court
- [Name], Fined for non-attendance
- Warden
⚖️ Oath of Assessors
⚖️ Justice & Law EnforcementOath of Assessors, Legal affirmation, Warden’s Court
- A.B., Takes oath as Assessor
⚖️ Declaration of Assessor in Lieu of Oath
⚖️ Justice & Law EnforcementAssessor declaration, Legal affirmation, Warden’s Court
- A.B., Makes declaration as Assessor
⚖️ Notice of Counterclaim
⚖️ Justice & Law EnforcementCounterclaim, Warden’s Court, Legal notice
- [Defendant name], Files counterclaim
⚖️ Notice of Payment into Court
⚖️ Justice & Law EnforcementPayment into Court, Warden’s Court, Legal notice
- [Defendant name], Makes payment into court
⚖️ Application for a Rehearing
⚖️ Justice & Law EnforcementRehearing application, Warden’s Court, Legal procedures
- A.B., Applies for rehearing
⚖️ Order for a Rehearing
⚖️ Justice & Law EnforcementRehearing order, Warden’s Court, Legal decision
- Warden
⚖️ Memorandum of Agreement for Final Decision
⚖️ Justice & Law EnforcementAgreement for final decision, Warden’s Court, Legal agreement
- A.B., Agrees to final decision
- C.D., Agrees to final decision
NZ Gazette 1907, No 16