JAN. 17.] THE NEW ZEALAND GAZETTE. 249

51

Form 85 (Reg. 123).
Under “The Mining Act, 1905.”
NOTICE OF PAYMENT INTO COURT.

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 .
[or Solicitor or Registered Agent for the defendant].

To the plaintiff,

Form 86 (Reg. 123).
Under “The Mining Act, 1905.”
APPLICATION FOR A REHEARING.

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 subsequent proceedings be set aside, and a rehearing had between 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.

In the Warden’s Court of the Mining District, held at
A.B., plaintiff, and C.D., defendant.

No. of year 19 .

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.

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.

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.

I 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 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.]