662
THE NEW ZEALAND GAZETTE.
[No. 16

Form 89 (Reg. 123).
Under “The Mining Act, 1905.”
FORM OF INJUNCTION OR OTHER ORDER.
No. of the year 19 .
In the Warden’s Court of the Mining District, 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 evidence 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 appeared, 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.

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Form 90 (Reg. 123).
Under “The Mining Act, 1905.”
FORM OF FINAL DECISION AND ORDER.
No. of the year 19 .
In the Warden’s Court of the Mining District, held at .
Between , plaintiff,
and , defendant.
FIND [If upon the decision of Assessors, insert upon the decision of Assessors] that [Set forth the decision]; and I order [State the order, as, for instance, that possession of the land (describing it as described 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.]

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Form 91 (Reg. 123).
Under “The Mining Act, 1905.”
MEMORANDUM OF AGREEMENT TO APPEAL TO SUPREME COURT.
No. of the year 19 .
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 agree that any appeal that may be made 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. 123).
Under “The Mining Act, 1905.”
NOTICE OF APPEAL.
No. of the year 19 .
In the Warden’s Court of the Mining District, held 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, held at [or to the District Court, 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 at , this day of , 19 .
A. B.
[Signature of party appealing, either by himself or his Solicitor or Registered Agent.]

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SEVENTH SCHEDULE.
(Reg. 124.)
WARDEN’S COURT.
Table of Fees.
Summons to defendant, for each defendant to be served .. .. .. .. .. £ s. d.
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