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The Pamphlet Collection of Sir Robert Stout: Volume 63

Schedule of Forms

Schedule of Forms.

1. Complaint.

In the Warden's Court of____District, in the Province of Otago, New Zealand.

Be it remembered that upon the____day of____, 18____cometh before me the undersigned, judge of the____District Warden's Court, sitting at____in the said Province, A. B. (address, description., &c.) and complains against C. D. (address, description, &c.) Defendant.

1. That (here set forth briefly but distinctly and explicitly the ground or cause of complaint, and if there be more than one ground or cause of complaint state each substantively, numbering them 1, 2, 3, &c)

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Wherefore the Complainant claims that the Defendant be adjudged to (here state the nature of claim or relief sought.)

Stated before me at____aforesaid this

day of ____,18

____Judge.

2. Summons.

In the Warden's Court of____District, in the Province of Otago, New Zealand, A. B. (address, description, &c..) Complainant, and C. D. (address, description, &c) Defendant.

Whereas complaint hath this day been made before me the undersigned, the Judge of the said Court, by A. B. (address, description, &c.) Complaint, against C. D. (address, description, &c.) Defendant.

1. That (here set forth briefly but distinctly and explicitly the ground or cause of complaint, and if there be more than one ground or cause of complaint, state each substantively, numbering them 1, 2, 3, &c., as in complaint). Wherefore Complainant claims that the Defendant be adjudged to (here state the nature of the claim or relief sought as in the complaint.) These are therefore to command you the said C. D., in Her Majesty's name, to be and appear on the____day of____, 18 at____o'clock in the____noon, at the Court-House at____before me to answer to the said complaint and demand (in any case falling under Rule 39, 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____(L.S.) our Lord 18 at____in the District aforesaid.

____Judge.

3. Certificate of Service.

I, ____Bailiff to the Warden's Court at____, do hereby certify that I served____mentioned in the within Summons, with a copy thereof, on the____day of____18____, between the hours of____and noon.

E. F.

4. 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____noon, 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 page 39 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 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____holden 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 therein.

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."

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.

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8. Bond Where Plaintiff is Appellant.

Know all Men by these presents, that we, A. B., of____C. D., of____, and E. P., ____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, tor which payment to be made we bind ourselves, and each and every of us in the whole, our 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 as 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 dissatisfied with such judgment, gave due notice to the said G. H. of his the 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 approved by the Judge of the said Court, as appears by his allowance on the margin hereof. Now the condition of this obligation is such that if the above-bounden A. B. shall appearand try the said appeal, and abide the judgment of the Supreme Court therein; and it 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 award, then this obligation shall be void, otherwise shall remain in full force.

Signed, sealed, and delivered by the above-bounden.

L. S.

L. S.

L. S.

In the presence of—

* 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.

9. Bond—Where Defendant 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 to G. H. of____in £____, to be paid to the said G. H. or his certain solicitor, executors, administrators, or assigns, for which payment to page 41 be made, we bind ourselves and each and every of us in the whole, our 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-named G. H. is Plaintiff, and the above-bounden A. B. is Defendant, and whereas the same cause came on to be tried in the said Court on the____day of____last, when a judgment was given for the said G. H., in the sum of £____, and whereas the said A. B. being dissatisfied with such judgment, gave due notice to the said G. H. of his intention to appeal from the same to the Supreme Court of New Zealand, at____, according to the provisions of 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 said appeal and abide the judgment of the Court of Appeal therein, and to pay such costs as shall be awarded. And whereas the above-named C. D. and E. F., at the request of the said A. B., have agreed to enter into the above-written obligation for the purpose aforesaid, and the security intended to be given has been approved of by the Judge of the said Warden's Court, as appears by his allowance in the margin hereof. * Now the condition of this obligation is such that if the above-bounden A. B. shall appear and try said appeal, and abide the judgment of the 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 shall be awarded by the Court, then this obligation shall be void, otherwise shall remain in full force.

Signed, sealed, and delivered by the above-bounden.

L. S.

L. S.

L. S.

In the presence of—

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.

10. Case on Appeal.

In the Warden's Court of____holden at____between A. B. ____Plaintiff and C. D. ____Defendant.

This is a suit (here state the cause of action, and the facts.)

The question for the opinion of the Supreme Court is—First (here state the question for the opinion of the Court.)

(Signature of the Judge.)
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11. Table of Fees.

Summonses £0 2 0
Summonses to Witnesses 0 2 0
Service of Summonses (if within one mile of the Court-house) 0 3 0
For every extra mile one way 0 1 0
Hearing 0 4 0
Adjournment of Hearing, when made on application of Plaintiff or Defendant 0 2 0
Swearing Witnesses exceeding three on either side 0 2 0
Summoning Jury 1 4 0
Payment for the Jury 2 0 0
Entering up Judgement 0 2 0
Filing Notice of Ground of Appeal 0 8 0
Writ Notice of Ground of Appeal 0 4 0
Writ of Execution against the Person 0 4 0
Issuing Warrant to Bailiff to deliver possession to a Plaintiff of premises recovered 0 8 0
Executing any Writ of Execution beyond one mile from the Court-house, for every extra mile one way 0 1 0
Poundage on the sum levied or received, or for which the body is taken in execution, for every £ 0 1 0
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 0
For every extra mile one way 0 1 0
For keeping possession, per diem, any sum not exceeding 0 8 0
Auctioneer's Commission on goods sold, not exceeding five per cent.
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 0
For every Scarch 0 1 0
For any Document required in Proceedings, and not enumerated in the Schedule 0 2 0
For every complete folio of 90 words above one 0 1 0
Copy of any Proceedings (first folio) 0 1 0
And for every complete folio of 90 words 0 0 8
Cartage of Goods seized in Execution to Auction Room or place of security, reasonable expenses actually paid not exceeding 20s. per diem.

Printed for the Provincial Government, by Daniel Campbell, Princes-Street, Dunedin.