2754
THE NEW ZEALAND GAZETTE.
[No. 93

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, 1908.”
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 sub-
sequent 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.
No. of year 19 .
In the Warden’s Court of the Mining District,
held at .
A. B., plaintiff, and C. D., defendant.
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, 1908.”
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 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 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 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 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, 1908.”
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 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 :—