High Court Rules




1704
THE NEW ZEALAND GAZETTE.
[No. 51

(2.) Notice of the proceedings shall be given to such persons and
in such manner as the Court directs, and it shall be sufficient if public
notice is given by advertisement or otherwise at or near the place of
seizure.

(3.) Any person claiming to be interested in the goods may
appear to oppose the application, and shall thereby become a party
to the proceedings.

(4.) If any person appears to oppose the application the Court
shall hear and determine the matter and acquit or condemn the
goods, but if no person so appears judgment of condemnation shall
be given.

(5.) In this regulation the term “goods” includes any boat,
vehicle, or other thing forfeited under the Customs Acts.

Jurisdiction of Commissioners.

  1. A Commissioner of the High Court shall have juris-
    diction—

(a.) In actions for the recovery of any debt or damages not
exceeding twenty pounds in amount :

(b.) In actions for the recovery of chattels not exceeding twenty
pounds in value :

(c.) In criminal proceedings for any offence punishable by fine
only :

(d.) In criminal proceedings for any offence punishable by im-
prisonment for not more than one year.

  1. A Commissioner of the High Court shall not have power to
    impose any fine exceeding ten pounds or to impose any term of im-
    prisonment exceeding three months, whatever may be the maximum
    fine or term of imprisonment provided by law for the offence.

  2. Save as aforesaid, and save as otherwise provided in any
    law or regulation, a Commissioner shall not exercise any of the
    powers or functions, whether judicial or administrative, of a Judge
    of the High Court.

  3. In these rules the term “Judge” includes a Commissioner
    of the High Court in respect of all matters within the jurisdiction
    of a Commissioner.

  4. With the leave of a Judge of the High Court any party
    to any proceedings, whether civil or criminal, before a Commissioner
    of the High Court may appeal from the judgment of the Com-
    missioner to a Judge of the High Court.

  5. Such leave may be granted subject to such conditions, if
    any, as to security for the costs of the appeal or for performance of
    the judgment as the Judge by whom such leave is granted thinks fit.

  6. Application for such leave shall be made within twenty-
    one days after the delivery of the judgment appealed from.

  7. On granting such leave the Judge may make such order
    as he thinks fit as to a stay of execution of the judgment appealed
    from.

  8. When leave to appeal from a conviction is so granted the
    Judge may, if he thinks fit, release the appellant from custody on
    bail pending the determination of the appeal.

  9. Any person so released on bail may at any time, and
    for any reason that a Judge of the High Court thinks sufficient, be
    arrested by warrant and committed to prison there to undergo his
    sentence.

  10. Any period during which an appellant has been so at
    large on bail shall not be computed as part of the term of imprison-
    ment to which he has been sentenced.

  11. Every such appeal shall be by way of rehearing, and shall
    be instituted by a motion for rehearing accordingly.

  12. If the appellant does not prosecute his appeal with due
    diligence, a Judge of the High Court may dismiss the appeal for
    non-prosecution, and the costs of the appeal and the security entered
    into by the appellant shall be dealt with in such manner as the Judge
    directs.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 51


NZLII PDF NZ Gazette 1920, No 51





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🌏 Rules of the High Court of Western Samoa, 1920 (continued from previous page)

🌏 External Affairs & Territories
1 April 1920
High Court, Rules, Procedure, Western Samoa, Jurisdiction, Commissioners, Appeals