2734

THE NEW ZEALAND GAZETTE.

No. 89

Form 89 (Reg. 123).
Under "The Mining Act, 1908."
FORM OF INJUNCTION OR OTHER ORDER.
No. of the year 19 .
In the Warden's Court of the
holden at
Between
and
, plaintiff,
, 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 viva voce has been
given either with or without affidavits, add and upon hearing the
evidence of C. D.], and upon hearing the plaintiff [or de-
fendant, 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, 1908."
FORM OF FINAL DECISION AND ORDER.
No. of the year 19 .
In the Warden's Court of the
holden at
Between
and
, plaintiff.
, 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 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.]

Form 91 (Reg. 123).
Under "The Mining Act, 1908."
MEMORANDUM OF AGREEMENT TO APPEAL TO SUPREME
COURT.
No. of the year 19 .
In the Warden's Court of the
holden 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, 1908."
NOTICE OF APPEAL.
No. of the year 19 .
In the Warden's Court of the
Mining District,
holden 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 sub-
ject-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, holden at
[or to the District Court, holden 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 appel-
lant deems himself entitled to.]
Dated at , this day of , 19 .
A. B.
[Signature of party appealing, either by him-
self or his Solicitor or Registered Agent.]

SEVENTH SCHEDULE.
(Reg. 124.)
WARDEN'S COURT.
Table of Fees.
Summons to defendant, for each defendant to be £ s. d.
served .. .. .. .. .. .. .. 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 sum-
mons 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 applica-
tion 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 execu-
tion, for every £1 .. .. .. .. .. .. 0 1 0
Serving or executing any writ of arrest, injunction,
writ of attachment, or any summons, order, war-
rant, precept, writ, or other process not herein-
before provided for, if within one mile of the Court-
house .. .. .. .. .. .. .. 0 4 0
For every extra mile, one way .. .. 0 1 0