✨ Wardens' Courts Rules and Appointment
Court House at
before me, to answer to the said complaint and demand (in any case falling under Rule — in which in the complaint an interim injunction is claimed, here insert). And in the meanwhile you are hereby enjoined to desist from (here state the matter of injunction distinctly) under the penalty, in case of disobedience of this injunction, contained in the Act.
Given under my hand and seal this day of ____, in the year of our Lord 18 ____, at ____ in the district aforesaid.
(L.S.)
Judge.
III.—Certificate of Service.
I, ____, Bailiff to the Warden’s Court at ____, do hereby certify that I served the within summons, with a copy thereof on the ____ day of ____, 18 ____, between the hours of ____ and ____ noon.
E. F.
IV.—Summons to a Witness.
In the Warden’s Court of ____, holden at ____ between A. B., plaintiff, and C. D., defendant.
You are hereby required to attend at the Court House, in ____, on the ____ day of ____, 18 ____, at the hour of ____ in the ____, to give evidence in the above cause, on behalf of (plaintiff or defendant as the case may be), and then and there to have and produce (state any particular documents required) and all other books, papers, writings, and other 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 “The Gold Fields Act, 1866.”
Dated this ____ day of ____, 18 ____.
C. D.,
Clerk of the Court.
To A. B. (address, description, &c.)
V.—Clerk’s Notice of Assessors.
In the Warden’s Court of ____, holden at ____ between A. B., plaintiff, and C. D., defendant.
Take notice that this case will be tried by Assessors, the plaintiff (or defendant, as the case may be) having demanded a trial by Assessors.
Dated this ____ day of ____, 18 ____.
C. D.,
Clerk of the Court.
To the plaintiff or defendant, as the case may be, (address, description, &c.)
VI.—Summons to Assessor.
In the Warden’s Court of ____, holden at ____ you are hereby summoned to appear and serve as an Assessor 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 taken and tried by Assessors, and in default of attendance you will be liable to a penalty of five pounds, under “The Gold Fields Act, 1866.”
Dated this ____ day of ____, 18 ____.
C. D.,
Clerk of the Court.
To (address, description, &c.)
VII.—Order fining an Assessor for Non-attendance.
In the Warden’s Court of ____, holden at ____ Whereas ____ was duly summoned to appear and serve this day as an Assessor in this Court, upon the trial of the cause or causes to be tried by Assessors at this Court: And whereas he has neglected without sufficient cause shown, to appear and serve as an Assessor 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 the ____ day of ____, 18 ____.
C. D.,
Clerk of the Court.
Hours of attendance at the Office of the Clerk (place of 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.
VIII.—Table of Fees.
| Description | s. | d. |
|---|---|---|
| Summonses | 0 | 2 |
| Summonses to Witnesses | 0 | 2 |
| Service of Summonses (if within one mile of the Court House) | 0 | 3 |
| For every extra mile, one way | 0 | 1 |
| Hearing | 0 | 4 |
| Adjournment of Hearing, when made on application of plaintiff or defendant | 0 | 2 |
| Swearing Witnesses exceeding three on either side | 0 | 2 |
| Summoning Assessor | 1 | 4 |
| Payment for the Assessors, each day | 2 | 0 |
| Entering up Judgment | 0 | 2 |
| Filing Notice of Ground of Appeal | 0 | 8 |
| Writ of Execution against goods | 0 | 4 |
| Writ of Execution against the person | 0 | 4 |
| Issuing Warrant to Bailiff to deliver possession to a plaintiff of premises recovered | 0 | 8 |
| Executing any Writ of Execution beyond one mile from the Court House, for every extra mile, one way | 0 | 1 |
| Poundage on the sum levied or received or for which the body is taken in execution, for every £1 | 0 | 1 |
| Serving or executing any Writ of Arrest, Injunction, Writ of Attachment, or any Summons, Order, Warrant, Precept, Writ, or other process not hereinbefore provided for, if within one mile of the Court House | 0 | 8 |
| For every extra mile, one way | 0 | 1 |
| For keeping possession, per diem, any sum not exceeding | 0 | 8 |
| Auctioneers’ Commission on goods sold, not exceeding five percent | ... | ... |
| Advertising—For three lines of space, not exceeding 3s.; and 3d. for every additional line | ... | ... |
| Bailiff’s fee for executing Writ against the goods, if satisfied within two hours of the levy | 0 | 4 |
| For every search | 0 | 1 |
| For any document required in proceedings and not enumerated in the Schedule | 0 | 2 |
| For every complete folio of 90 words above one | 0 | 1 |
| Copy of any proceedings (first folio) | 0 | 1 |
| For every complete folio of 90 words | 0 | 0 |
| Cartage of goods seized in execution to Auction Room actually or place of security, reasonable expenses paid | ... | ... |
| Allowances to Witnesses: | ||
| Professional Men, Merchants, and Esquires, not exceeding per diem | 1 | 1 |
| Tradesmen, Mechanics, Labourers, &c., ditto | 0 | 10 |
| Mileage, one way | 0 | 1 |
From the New Zealand Gazette, March 3, No. 13.
Colonial Secretary’s Office,
Wellington, 28th February, 1868.
HIS Excellency the Governor has been pleased to appoint SYDNEY WILSON, Esq., to be Deputy of the Registrar of Marriages, and of Births, Deaths, and Marriages, for the District of Waitahuna.
E. W. STAFFORD
SUBSCRIPTIONS will be at the rate of £1 per annum or 5s. per quarter, payable in advance to the Publisher. Single copies of the Gazette not to exceed 6d. Subscriptions may commence at any time, but must terminate not later than 31st December, 1868.
Printed under the Authority of the Provincial Government of Otago, by Mills, Dick & Co., of Dunedin, New Zealand, Printers to the said Provincial Government for the time being.
✨ LLM interpretation of page content
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Order in Council Amending Wardens’ Courts Rules
(continued from previous page)
🏛️ Governance & Central Administration7 March 1868
Order in Council, Wardens’ Courts, Gold Fields Act, Rules, Fees
🏛️ Appointment of Deputy Registrar for Waitahuna
🏛️ Governance & Central Administration28 February 1868
Appointment, Deputy Registrar, Marriages, Births, Deaths, Waitahuna
- Sydney Wilson (Esquire), Appointed Deputy Registrar of Marriages, Births, Deaths, and Marriages
- E. W. Stafford
Otago Provincial Gazette 1868, No 533