✨ Wardens' Court Rules
into Court the costs for the summoning and attendance of the Assessors or Jurors.
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The Assessors or Jurors shall consist of four persons of full age and good repute, who may be selected by the parties in the cause, from indifferent persons pleasant to the Court, if the said parties concur in this mode of proceeding. If they do not so concur, the trial shall be adjourned to another day; to be then fixed.
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The Clerk of Court shall thereupon cause to be summoned twelve Assessors or Jurors residing within the district, for the trial of the cause upon the day appointed.
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The Assessors or Jurors so summoned shall be chosen from time to time in alphabetical order, as their names shall appear in the Jury List for the district, which List shall be yearly, or oftener if the Judge shall think proper, prepared by the Judge of the Court, and shall contain the names of all men residing within the jurisdiction of the Court, being holders of Miners’ Rights or Business Licenses.
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It shall not be necessary to summon more than twelve Assessors or Jurors to attend any one sitting of the Court, and those summoned for the trial of any one cause shall be deemed to have been summoned for the trial of all causes to be tried at the same sittings of the Court with the assistance of Assessors or Jurors.
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Every summons of an Assessor or Juror shall be served on him personally, or by leaving the same at his ordinary place of abode, at least one clear day before the sittings of the Court.
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When the Assessors or Jurors shall be in attendance, if their number shall be odd, the Clerk shall strike off one, and if the number being even, the complainant and defendant alternately shall each strike off one until the number be reduced to four.
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The four thus remaining shall be empanelled and sworn to give their verdict in the cause to be brought before them.
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Every such Juror thus empanelled shall be entitled to receive from the Clerk of the Court the sum of ten shillings, and the expense thereby incurred shall be costs in the cause.
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If either party shall neglect or refuse to strike the Jury as above provided, or if the defendant shall be absent, it shall be lawful for the Clerk of the Court to strike the Jury instead of such neglecting, refusing, or absent party.
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No evidence shall be given by either party on the trial of any case, except such evidence as may be material to the right of action, or to the defence.
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It shall not be necessary that the Assessors or Jurors give an unanimous verdict, but judgment shall be entered up in pursuance of the verdict of the majority.
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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.
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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.
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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 it shall be proved to the satisfaction of the Judge that such order or injunction is expedient, 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.
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All the costs of any complaint, or proceeding 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.
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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.
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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.
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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 £...
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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 £...
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✨ LLM interpretation of page content
⚖️
Fixing Wardens' Court Rules for the Province of Otago
(continued from previous page)
⚖️ Justice & Law Enforcement15 September 1863
Wardens' Courts, Rules, Procedures, Otago
Otago Provincial Gazette 1863, No 272