SCHEDULE.

Agricultural Lease Deposit Receipt.

District of __
Date __

No. of application __
Received from __
the sum of ten pounds,
being the deposit required by the Agricultural Leases Regulations made under "The Gold Fields Act, 1866,"
on the application of the said __
for a lease of land for agricultural purposes, situate at __
[here state the locality], comprising __ acres or thereabouts.

A. B., Gold Receiver.

In witness whereof I have hereunder set my hand
this twenty-fourth day of June, one thousand eight hundred and sixty-seven.

E. W. STAFFORD.

WHEREAS by "The Gold Fields Act, 1866," it is amongst other things enacted that it shall be lawful for the Governor in Council, subject to the provisions of the said Act, from time to time, to make regulations for any Gold Field or for any portion of a Gold Field, and to alter, amend, or revoke the same, and that such regulations may, amongst other things, be for prescribing the terms and conditions upon which Miners’ Rights shall be granted, and the modes, times, and places of the issue thereof:

And whereas by an Order in Council, made on the twenty-seventh day of April last, His Excellency the Governor, in exercise and pursuance of the power and authority vested in him in that behalf, did delegate unto me, Edward William Stafford, all the powers vested in him under and by virtue of the said "Gold Fields Act, 1866," except the powers conferred by sections twenty-two, forty, forty-eight, sixty, ninety-six, and one hundred and seven, to have, hold, and exercise within the Province of Otago the said powers:

Now, therefore, I, Edward William Stafford, President of the Executive Council of the Colony of New Zealand, in exercise and pursuance of the powers delegated to and vested in me in this behalf, do hereby make the following additional regulation as to the mode of the issue of Miners’ Rights under the said Act, within the Province of Otago, that is to say—

"Every Miners’ Right shall before the issue thereof be signed by some Warden acting within the said Province."

In witness whereof I have hereunto set my hand this twenty-fourth day of June, one thousand eight hundred and sixty-seven.

E. W. STAFFORD.

(From the New Zealand Gazette, September 16, No. 48.)

G. GREY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, the third day of September, 1867.

Present:
His EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly of New Zealand, intituled "The Gold Fields Act, 1862," it is enacted that it shall be lawful for the Governor in Council, from time to time, to make, alter and revoke rules regulating the procedure and practice in the Courts to be established under the said Act, and in cases of appeal therefrom, and also to fix the fees to be taken in respect of the proceedings therein:

And whereas by Order in Council, made the fifteenth day of September, 1863, certain rules regulating the procedure and practice within the Wardens’ Courts within the Province of Otago, and in cases of appeal therefrom, were made, and certain alterations thereof have become advisable:

Now therefore, His Excellency the Governor, by and with the advice and consent of the Executive Council of the Colony doth hereby henceforth revoke such and such parts of the said rules and fees as differ from, and are not included in the rules and fees respectively set forth in the Schedule hereunto annexed, and doth hereby order that the rules and fees respectively set forth in the Schedule hereunto annexed shall be the rules regulating the proceedings and practice in the Wardens’ Courts within the Province of Otago, and in cases of appeal therefrom, and shall be the fees to be taken in respect to proceedings therein.

FORSYTH GORING,
Clerk of the Executive Council.

WARDENS’ COURT RULES.

ANALYSIS.

1. Schedule of forms and scale of fees to be part of the rules.
2. Interpretation of words in rules.
3. Time and place of holding Courts. Adjournments.
4. The Clerk of Court.
5. Clerk’s deputy.
6. Clerk’s duties.
7. Parties may appear personally or by solicitor.
8. Officers of Court not to practise in Court.
9. Action to be commenced by a complaint and summons.
10. Names, &c., of parties to be set forth in complaint and summons.
11. Grounds of action to be briefly set forth in complaint and summons.
12. Summons may be issued in certain cases against a party out of jurisdiction.
13. Service of summons.
14. Service may be made by person authorised.
15. Summons of witnesses.
16. Parties to be heard in open Court. Adjournment of hearing.
17. Procedure if complainant do not appear.
18. Procedure if defendant do not appear.
19. Verdict.
20. Judgment upon verdict.
21. Minute of every decision to be entered by Judge in a book.
22. Costs.
23. Costs of witnesses to be at discretion of a Judge.
24. Court may order payment by instalments of sums of money.
25. Defects and errors may be amended.
26. In absence of Warden Clerk to adjourn Court.

Schedule of forms and table of fees.

RULES FOR REGULATING THE PROCEDURE AND PRACTICE OF WARDENS’ COURTS WITHIN THE PROVINCE OF OTAGO.

1. The schedule of forms and scale of fees hereunto annexed shall form part of these rules.

2. In construing these rules and forms, the following terms in inverted commas shall bear the several meanings set against them respectively—

"The Act." The Gold Fields Act, 1866, 30 and 32 Victoriæ, No. 32.

"Clerk," "Bailiff." The clerk, bailiff, or other person duly appointed and authorised to act as such respectively.

"Oath" shall include affirmation.

Words importing the masculine gender only shall include females, and importing the singular number shall be extended to the plural number.

3. Every Warden’s Court shall be holden at such place and times as the Warden may appoint, and he may from time to time adjourn the Court.

4. There shall be for every Warden’s Court a Clerk who shall be appointed by and hold office during the pleasure of the Governor or other person or authority to whom or which shall for the time being be delegated for the Otago Gold Fields by the Governor all or such of the powers conferred by the Act, on the Governor, or the Governor in Council, as may by the said Act be duly delegated by the Governor.