Warden's Court Rules and Forms




  1. Every Judgment entered up in pursuance of the verdict of a Jury, shall have the same force and effect as if such Judgment were entered in pursuance of the determination of the Judgment of the Court alone.

  2. A Minute of every Decision shall be entered by the Judge, in a book to be kept for that purpose, and shall be signed by the persons, whether Assessors or Jurors, who concur in making such Decision, and no formal order shall be necessary, and a copy of such Minute shall, on demand, be given to any of the parties interested therein.

  3. It being competent to the Court, whenever it shall seem fit, to order the working of any miner’s claim affected by any matter in dispute brought before the Court, to be suspended until such matter shall have been investigated and adjudicated upon, if in any complaint there shall be set forth sufficient grounds in the opinion of the Court for an interim order or injunction on the person complained against to desist from working his claim, or from any act or proceeding in the working thereof likely to cause irreparable or serious injury, and if such relief or remedy be then claimed, the Judge may issue such order or injunction in the meantime. And afterwards, on hearing the parties, may recall the same, or otherwise decide as he may see fit.

  4. All the costs of any complaint or proceeding shall be taxed by the Court, and shall be paid or apportioned between the parties in such manner as to the Judge shall seem fit, but in default of any special direction, such costs shall abide the event of the action.

  5. The Judge shall, in each case, direct what number of witnesses shall be allowed between party and party, and their allowance for attendance shall in no case exceed the highest rate of the allowance mentioned in the schedule.

  6. The costs of witnesses, whether they have been examined or not, may in the discretion of the Judge be allowed, although they may not have been summoned.

  7. The Complainant’s Solicitor shall be entitled to receive in full for his fees and costs, in addition to the costs actually paid by him, a sum not exceeding £

  8. The Defendant’s Solicitor shall in every case in which judgment shall be given for or against, the Defendant be entitled to recover in full of his costs and fees, in addition to the costs actually paid by him, a sum not exceeding £

  9. The Judge may make such order as he may think fit, concerning the times, and by what instalments, any sum of money for which judgment shall be obtained shall be paid; and all such money shall be paid into Court unless the Judge shall otherwise direct.

  10. Every Order, Decree, or Judgment, made by the Court, shall be carried out and enforced in the same manner as any order or judgment of a Resident Magistrate may be enforced according to the Law, for the time being, in force for regulating summary proceedings before Justices of the Peace.

  11. The Judge may at all times amend all defects and errors in any proceeding in this Court.

  12. In default of the payment of any Fees, payment thereof, by order of the Judge, may be enforced by such means as may be employed to recover any sum of money adjudged by the Court to be paid.

  13. The Judge, the Clerk, and any other Officer may refuse to do any act for which a fee shall be demandable, unless such fee shall be first paid.

  14. The appeal allowed by Section 25 of the Act, shall be in the form of a case, agreed on by both parties or their Solicitors, and if they cannot agree, the Judge of the Warden’s Court, upon being applied to by them or their Solicitors, shall settle the case and sign it, and such cases shall be transmitted by the Appellant to the Registrar of the Court of Appeal.

  15. The Judge may in pursuance of the 27th Section of the Act, prescribe such additional Regulations as may from time to time be necessary for the orderly transaction of the business of this Court.


SCHEDULE OF FORMS.

1. Complaint.

In the Warden’s Court of District, in the Province of Otago, New Zealand.

Be it remembered that upon the day of , 18, cometh before me the undersigned, Judge of the District Warden’s Court, sitting at in the said Province, A. B., (address, description, &c.) and complains against C. D. (address, description, &c.) Defendant.

  1. That (here set forth briefly but distinctly and explicitly the ground or cause of complaint, and if there be more than one ground or cause of complaint, state each substantively, numbering them 1, 2, 3, &c.)

Wherefore the Complainant claims that



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1862, No 211





✨ LLM interpretation of page content

⚖️ Rules for Regulating the Procedure and Practice of Warden’s Courts within the Province of Otago (continued from previous page)

⚖️ Justice & Law Enforcement
Rules, Procedure, Practice, Warden’s Courts, Otago, Judgments, Decisions, Costs, Witnesses, Appeals

⚖️ Schedule of Forms for Warden’s Court Complaints

⚖️ Justice & Law Enforcement
Forms, Complaints, Warden’s Court, Otago, Legal Procedure