Legal Writ of Foreign Attachment




No. 1023.

VICTORIA.

By the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and so forth: to George Maclean, of Dunedin, in the Province of Otago, Manager of the Bank of New Zealand, Dunedin Branch, greeting:

CHRISTOPHER WILLIAM RICHMOND,
Esquire, Judge
of our Supreme Court of New Zealand, at Dunedin, this fourteenth day of December, 1863.

(L.S.)

WHEREAS an Action is now pending in our Supreme Court of New Zealand, Otago and Southland District, between George Murray and Andrew Kerr (lately trading under the style or firm of Murray, Kerr, and Co.), of Dunedin, aforesaid, Merchants, Plaintiffs, and Newton and Septimus Craven, trading as "Newton and Co.," of Dunedin, aforesaid, Contractors, Defendants;

And in order that the Plaintiffs may proceed in their Action, We command you that you do retain and keep all and singular lands and hereditaments, monies and chattels, bills, bonds, and other property of whatsoever nature, in the custody or under the control of you at the time of the service of this Writ, belonging to the above-named Defendants, Newton and Septimus Craven, or either of them, or to us, in which such Defendants, or either of them, shall at that time be legally or equitably entitled, or otherwise beneficially interested; and whether solely or jointly with any other person or persons, and all debts of any kind then due by you to such Defendant, although the same or any part thereof may be payable at a future day:

And we further command you that you, in your own proper person, be and appear before such Judge of our said Court as shall be sitting in Chambers on Saturday, the ninth day of January next, at two o’clock in the afternoon, and to be examined touching the premises, and to do and receive what shall then and there be considered of you in that behalf, and this you shall in no wise omit.

Witness—
CHRISTOPHER WILLIAM RICHMOND, Judge at Dunedin of our Supreme Court of New Zealand, this fourteenth day of December, one thousand eight hundred and sixty-three.

A. A. C.,
Dep.-Regr., Otago.

This Writ is to be served within six calendar months from the date hereof, and not afterwards.


The Plaintiffs claim £112 10s. 7d., principal and interest due to them as the payees and bearers of a Cheque or Order drawn in their favor—of which the following is a copy:

Dunedin, 30th November, 1863.
£112 10s. 7d.
To the Provincial Treasurer—
Please pay to Messrs. Murray, Kerr, and Co., or Order, the sum of One hundred and twelve pounds ten shillings and sevenpence out of the final Certificate under our Contract from Taapeka to Dunstan.

Newton & Co.,
(their ✗ mark)

Witness: George Murray,
Maclaggan-street, Dunedin.

If the amount claimed, with £4 9s. costs, be paid to the plaintiff or his solicitor, within twelve days from the service hereof, further proceedings will be stayed.

Leave to appear and plead may be obtained on application at the Supreme Court Office, Dunedin, upon payment of the above-claimed amount into Court, or upon sufficient affidavits.

A copy of this Writ was filed in the Supreme Court of New Zealand at Dunedin, in the Otago and Southland District, on Tuesday, the fifteenth day of December, 1863, by Henry Howorth, one of the Solicitors of the Plaintiffs within-named.

Indorsed in the Supreme Court of New Zealand, Otago and Southland District.

This Writ was issued by James Howorth and Henry Howorth, of Princes-street, Dunedin, Solicitors for the Plaintiffs.

Murray and Another, trading, &c., v. Newton and Craven, trading, &c., Writ of Foreign Attachment.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 281





✨ LLM interpretation of page content

⚖️ Writ of Foreign Attachment in Murray and Another v. Newton and Craven

⚖️ Justice & Law Enforcement
14 December 1863
Supreme Court, Writ of Foreign Attachment, Debt, Dunedin
6 names identified
  • George Maclean, Manager of the Bank of New Zealand, Dunedin Branch
  • George Murray, Plaintiff in the action
  • Andrew Kerr, Plaintiff in the action
  • Newton, Defendant in the action
  • Septimus Craven, Defendant in the action
  • George Murray, Witness to the cheque

  • Christopher William Richmond, Judge at Dunedin of the Supreme Court of New Zealand
  • A. A. C., Dep.-Regr., Otago
  • Henry Howorth, Solicitor for the Plaintiffs
  • James Howorth, Solicitor for the Plaintiffs