Mining Act Forms




2732
THE NEW ZEALAND GAZETTE.
[No. 89

Form 73 (Reg. 123).
Under “The Mining Act, 1908.”
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, in-
cluding (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, 1908.”
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
hour of , 19 , at the hour of
o’clock in the noon, to answer the plaintiff’s state-
ment 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 recognised 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 hear-
ing of the suit.

Summonses for witnesses and for the production of docu-
ments will be issued on application at the office of the Clerk.

——

Form 75 (Reg. 123).
Under “The Mining Act, 1908.”
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, 1908.”
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 noon, 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, 1908.”
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 noon, 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, 1908.”
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, 1908.”
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, 1908.”
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].



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VUW Te Waharoa PDF NZ Gazette 1909, No 89





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⚖️ Forms for Use in Warden’s Court (continued from previous page)

⚖️ Justice & Law Enforcement
Warden’s Court, Forms, Statement of Claim, Summons, Affidavit, Mining Act