Wardens' Court Rules




420

  1. There shall also be a Bailiff of Court, who shall be appointed by and hold office during the pleasure of the Judge thereof.

  2. The Bailiff shall attend the sittings of the Court, unless when his absence shall be allowed by the Judge, and shall, when required, serve all Summonses and Orders, and execute all the Warrants and Writs issued out of the Court, and in other respects shall be subject to the directions of the Judge.

  3. The parties in every Complaint, Action, and Proceeding shall appear and act personally or by a Barrister or Solicitor of the Supreme Court, and not otherwise, unless under special circumstances the Judge permits any party to appear by an agent, not being a Barrister or Solicitor.

  4. No officer of the Court shall, either by himself or by any partner or person in his employment, be directly or indirectly engaged as Counsel, Attorney, or Agent for any party in any proceeding in the Court.

  5. Every action shall be commenced by a complaint and summons in the form or to the effect in the Schedule hereto annexed.

  6. In the Complaint and Summons there shall be set forth the Christian and Surname and place of abode and calling and description of the Complainant, and likewise of the Defendant; but when the Christian and Surname of the latter are not known, he may be designated by any name or names which he may have acquired by usage or reputation.

  7. In every Complaint and Summons there shall be 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, each shall be stated substantively, and consecutively numbered, and there shall also be set forth the recovery or relief claimed.

  8. Such Summonses may be issued against any Defendant residing or being within the District within which the Court has jurisdiction (but not out of the Province) provided it clearly appear from the complaint that the cause of action is otherwise within the jurisdiction of the Court.

  9. The service of any Summons shall be by delivering a copy of the same to the Defendant (or if more than one, to each of them) personally; or if he be absent, by leaving such copy at his place of abode, or in case of co-partners, at the claim, station, or other place of business of the firm.

  10. The Summons may be served by the Bailiff or by any other person whom the Court may authorise, and he shall by a certificate under his hand certify the time and mode of such service, to be endorsed on the Summons, without prejudice to the Judge taking proof thereof by oath if he think fit.

  11. Either party may obtain from the Clerk of Court Summonses to Witnesses, to be served at the option of such party either by himself as his agent, or by the Bailiff of the Court, with or without a clause requiring the production of books and writings in their possession or under their control.

  12. The parties shall be heard in open Court upon the day appointed, but the Judge may adjourn the hearing of any cause in such manner and on such terms, as to payment of costs or otherwise, as to him may seem fit.

  13. If the Complainant do not appear at the time appointed, and good cause for his absence be not shown, the Judge shall dismiss the complaint, and award a sum to the Defendant as costs, or adjourn the hearing of the same.

  14. If the Defendant do not appear, the Court may either hold him as confessed, and give judgment accordingly, or institute such inquiry into the cause of action as may be deemed necessary, and thereupon pronounce such decision as may be consistent with the ends of justice, either alone or with the assistance of Assessors or Jurors.

  15. Whenever the Court shall make a Decree in the absence of any party interested in the subject matter of the suit, binding the rights of such party, the Judge may in his discretion, at the same or any subsequent Court, set aside such Decree, or any part thereof, and grant a rehearing of the suit upon such terms, if any, as to payment of costs, giving security or otherwise as he may think fit, on sufficient cause shown for that purpose.

  16. When both parties appear, and from the nature of the cause or the conflicting statements of the parties it shall be necessary to take evidence, either party may before, but not after, any evidence is taken, move that the cause be tried with the assistance of Assessors or Jurors.

  17. If from the nature of the case (e.g. an encroachment to an unlawful or injurious operation) the Court deem it necessary to repair to the spot, and there on view investigate and determine the matter, the Court may proceed forthwith, or appoint a time for that purpose, and order the parties and witnesses then and there to attend.

  18. In all actions brought before the Court, the Judge shall be sole Judge, unless he think fit to take the assistance of Assessors or Jurors, or unless either of the parties shall move that the complaint be tried by Assessors or Jurors, and shall pay



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 272





✨ LLM interpretation of page content

⚖️ Fixing Wardens' Court Rules for the Province of Otago (continued from previous page)

⚖️ Justice & Law Enforcement
15 September 1863
Wardens' Courts, Rules, Procedures, Otago