248

THE NEW ZEALAND GAZETTE.

[No. 4

50

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 , 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,

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].

Form 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.]