Mining Act Forms




3212
THE NEW ZEALAND GAZETTE.
[No. 76

Form 72 (Reg. 111).
Under the Mining Act, 1926.
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 73 (Reg. 111).
Under the Mining Act, 1926.
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, 1926.
•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 74 (Reg. 111).
Under the Mining Act, 1926.
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].


Form 75 (Reg. 111).
Under the Mining Act, 1926.
SUMMONS TO ASSESSOR.
No. of the year 19 .
In the Warden’s Court of the Mining District,
held at .
You are hereby summoned to appear and serve as an Assessor
in this Court at the Courthouse at , on the
day of , 19 , at the hour of in the
noon, upon the trial of the cause or causes to be taken and
tried by Assessors.
In default of attendance you will be liable to a penalty
not exceeding five pounds.
Dated at , this day of , 19 .
, Clerk of the Court.
To [Full name, residence, and occupation].


Form 76 (Reg. 111).
Under the Mining Act, 1926.
ORDER FINING AN ASSESSOR FOR NON-ATTENDANCE.
In the Warden’s Court of the Mining District,
held at .
WHEREAS was duly summoned to appear and serve
this day as an Assessor in this Court upon the trial of the
cause or causes to be tried by Assessors at this Court: And
whereas he has neglected, without sufficient cause shown,
to appear and serve as an Assessor at this Court: It is hereby
ordered that he shall forthwith [or on or before the
day of , 19 ] pay to the Clerk of this Court at
a fine of £ for such neglect.
Dated at , this day of , 19 .
, Warden.

Hours of attendance at the office of the Clerk at [Place of
office]: From until , except on [Here insert
the days of the week on which the office will be closed on part of
the day], when the office will be closed at , and on
, when the office will be closed all day.


Form 77 (Reg. 111).
Under the Mining Act, 1926.
OATH OF ASSESSORS.
1, A. B., do swear well and truly to try and determine the
matters which shall be brought before me, and a true decision
to give, according to the evidence. So help me God.


Form 78 (Reg. 111).
Under the Mining Act, 1926.
DECLARATION OF ASSESSOR IN LIEU OF OATH.
I, A. B., do solemnly, sincerely, and truly affirm and declare
that I will well and truly try and determine the matters
which shall be brought before me, and a true decision give
according to the evidence.
, Assessor.


Form 79 (Reg. 111).
Under the Mining Act, 1926.
NOTICE OF COUNTERCLAIM.
Plaint No. .
Mining District,
In the Warden’s Court of the
held at .
Between , plaintiff,
and , defendant.
TAKE notice that the defendant intends, at the hearing of
this suit, to set up a counterclaim, particulars whereof are
attached hereto.
The defendant’s address for service is:
Dated at , this day of , 19 .
, Defendant
[or Solicitor or Registered Agent
for the Defendant].
To the plaintiff, and the Clerk of the Court.
[Attach particulars of counterclaim, as in a statement of
claim.]


Form 80 (Reg. 111).
Under the Mining Act, 1926.
NOTICE OF PAYMENT INTO COURT.
Plaint No. .
Mining District,
In the Warden’s Court of the
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 .
, Defendant
[or Solicitor or Registered Agent
for the Defendant].
To the plaintiff,


Form 81 (Reg. 111).
Under the Mining Act, 1926.
APPLICATION FOR A REHEARING.
Plaint No. .
Mining District,
In the Warden’s Court of the
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,



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