Wardens' Court Procedures




423

Documents relating to the said action,

which may be in your custody, possession,
or power. In default of your attendance
you will be liable to a penalty of Five
Pounds, under section 54 of the "Gold
Fields Act, 1862."

Dated this day of 18__

C. D.
Clerk of Court.

To A. B. (address, description, &c.)


5. Clerk’s Notice of Jury.

In the Warden’s Court of
helden at __, between A. B., plaintiff,
and C. D., defendant.

Take notice that this case will be tried
by a Jury, the plaintiff (or defendant as
the case may be) having demanded a Jury
theerein.

Dated this day of 18__

C. D.
Clerk of Court.

To the plaintiff or defendant, as the case
may be. (Address, description, &c.)


6. Summons to Juror.

In the Warden’s Court of
holden at __

You are hereby summoned to appear
and serve as a Juror in this Court, at the
(Court-house) on the day of
18, at the hour of __ in the noon,
upon the trial of the cause or causes to be
then tried by a Jury, and in default of
attendance you will be liable to a penalty
of Five Pounds, under section 54 of the
"Gold Fields Act, 1862.\n
Dated this
day of _ 18

C. D.
Clerk of Court.

To __ (Address, description, &c.)


7. Order fining a Juror for non-attendance.

In the Warden’s Court of
holden at __

Whereas __ was duly
summoned to appear and serve this day as
a Juror in this Court, upon the trial of the
cause or causes to be tried by Jury at this
Court. And whereas he has neglected,
without sufficient cause shown, to appear
and serve as a Juror at this Court, it is
hereby ordered that he shall forthwith (or
on the day of 18__) pay
to the Clerk of this Court a fine of £___
for such neglect.

Dated this day of 18__

By the Court.

C. D.
Clerk of Court.


Hours of attendance at the office of the

Clerk (place or office) from until
except on (here insert the days
of the week on which the office will be
closed) when the office will be closed.


8. Bond—Where Plaintiff is Appellant.

Know all Men by these presents, that
we, A. B., of __, C. D., of __,
and E. F., of __, are jointly and
severally held and firmly bound unto G.
H., of __, in £, * to be paid
to the said G. H., or his certain Solicitor,
Executors, Administrators, and Assigns,
for which payment to be made we bind
ourselves, and each of our heirs, executors,
and administrators, jointly and severally,
firmly by these presents. Sealed with our
Seals, and dated this
day of
one thousand eight hundred and ___

Whereas a cause is now depending in
the Warden’s Court of __ holden at
__, wherein the above-bounden
A. B. is Plaintiff, and the above-named
G. H. is Defendant, and whereas the
above cause came on for trial in the said
Court on the day of when
a judgment was given for the said G. H.,
and whereas the said A. B. being dis-
satisfied with such judgment, gave due notice
to the said G. H. of his said A. B.’s
intention to appeal from the same to the
Supreme Court of New Zealand, at __
according to the "Gold Fields Act, 1862."
And whereas it is thereby provided that
the party who shall appeal as aforesaid
shall give security to the satisfaction of the
Court aforesaid, to appear and try such
appeal and abide the judgment of the Court
of Appeal therein and to pay such costs as
shall be awarded. And whereas the
above-bounden C. D. and E. F., at the
request of the said A. B., have agreed to
enter into the above-written obligation for
the purposes aforesaid, and the security
intended to be hereby given has been ap-
proved by the Judge of the said Court, as
appears by his allowance on the margin
hereof. Now the condition of this obliga-
tion is such that if the above-bounden
A. B. shall appear and try the said appeal,
and abide the judgment of the Supreme
Court therein; and if the above-bounden
A. B., C. D., and E. F., or any or either
of them, shall pay unto the said G. H.,
his executors, administrators, or assigns,
such costs as the said Supreme Court shall

  • A sum sufficient to cover the costs of appeal, say
    £___ being double the estimated amount.

I approve of this Bond.

(L.S.) J. J., Judge.



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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

⚖️ Clerk’s Notice of Jury

⚖️ Justice & Law Enforcement
Jury, Trial, Warden’s Court
  • C. D., Clerk of Court

⚖️ Summons to Juror

⚖️ Justice & Law Enforcement
Juror, Summons, Warden’s Court
  • C. D., Clerk of Court

⚖️ Order fining a Juror for non-attendance

⚖️ Justice & Law Enforcement
Juror, Fine, Non-attendance, Warden’s Court
  • C. D., Clerk of Court

⚖️ Hours of attendance at the office of the Clerk

⚖️ Justice & Law Enforcement
Clerk, Office Hours

⚖️ Bond—Where Plaintiff is Appellant

⚖️ Justice & Law Enforcement
Bond, Appeal, Plaintiff, Warden’s Court
  • A. B., Plaintiff in appeal
  • C. D., Surety for plaintiff
  • E. F., Surety for plaintiff
  • G. H., Defendant in appeal

  • J. J., Judge