PNG District Court Law
PNG District Court Law
District Courts.
GENERAL ANNOTATION.
ADMINISTRATION.
The administration of this Chapter was vested in the Minister for Justice at the date of
its preparation for inclusion.
The present administration may be ascertained by reference to the most recent
Determination of Titles and Responsibilities of Ministers made under Section 148(1) of the
Constitution.
References in, and in relation to, this Chapter to-
"the Department Head"-should be read as references to the Secretary for
Justice( .. .
"'he Department"-should be read as references to the Department of Justice.
TABLE OF CONTENTS.
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Page.
District Courts Act ............................................................ 3
District Courts Regulation ................................................. 79
Subsidiary Legislation 133
Appendixes-
1. Source of Act.
2. Source of Regulation.
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Prepared for inclusion as at 11111986.
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INDEPENDENT STATE OF PAPUA NEW GUINEA.
CHAPTER No. 40.
District Courts Act.
ARRANGEMENT OF SECTIONS.
PART I.-PRBUMINARY.
1. Interpretation-
"chaIge of an indictable offence"
"Clerk"
"Commissioner for Oaths"
"complainant"
"complaint"
"corrective institution"
"Court"
"decision"
"defendant"
~'fine"
"hearing"
"information"
"legal representative"
"Magistrate"
"Magistrate Grade V."
"Magistrate Grade IV."
"Magistrate Grade III."
"order"
"poliCe lock-up"
"police officer"
"Principal Magistrate"
"Reserve Magistrate"
"simple olfence"
"Traffic Infringement Summons".
PART n.-MAGISTRATES, ETC.
Division l.-Appoinlmenl 0/ MagislraleS.
lAo Appointment of Principal Magistrates.
lB. Qualifications of citizens for appointment as Principal Magistrates.
Ie. Qualifications of non-citizens for appointment as Principal Magistrates.
2. Full-time Magistrates.
3. Reserve Magistrates.
4. Independence of Magistrates.
Division 2.-Jurisdiclion 0/ Magistrates.
5. Jurisdiction of Magistrates.
6. Judicial Dec1aration.
7. Authentication of aas of Magistrate or Clerk.
8. Warrant, etc., on Sunday.
9. Presumption of jurisdiction.
lO. Execution of warrant and service of summons.
11. Warrants of execution after appeal.
12. Death, etc., of Magistrate does not avoid summons, etc.
13. Order in lieu of mandamus.
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Ch. No. 40 District Courts
PART III.-D,STRlCTCOURTS.
Division I.-Establishment of District Courts.
14. District .Couns.
15. Transfer of proceedings where Court abolished.
16. Constitution of Court.
17. Places for holding Coun.
18. Clerks of Court.
19. Clerk to keep registers, etc.
Division 2.-]urisdiclion 0/ District Courts.
20.Jurisdiction of Courts.
21. Civil jurisdiction.
21A. Rules relating to practice. etc.
22.Genenil ancillary jurisdiction.
23.Proceedings of Coun in certain cases.
24.Transfer of proceedings.
25.·Ex parte order may be set aside.
26.Majority to decide.
27. Sunday a Court day.
Division 2.-Bail. (
104. Bail in capital offences.
105. Bail in crimes and misdemeanours.
106. Bail after commitment for trial.
107. Amount and form of recognizance.
108. Certificate for bail.
109. Warrant of deliverance.
110. Transmission of recognizances.
Division 3.-Recognizances 0/ Witnmes to Appear on Trial.
111. Recognizances of witnesses, etc.
112. Execution of recognizances.
113. Court may commit refractory witness.
114. Detention of witness.
Division 4.-0ffences Committed in Remote Places.
115. Indictable offences committed outside jurisdiction or in remote places.
116. Remand to another place.
117. Effect of depositions.
Division 5.-Miscellaneous.
118. Transmission of notice of committal, etc.
119. Depositions, etc., with Public Prosecutor.
120. (Repealed.)
121. Exhibits.
Division I.-Venue.
122. Venue of summary cases.
123. Adjournment to different place.
Ditlision 2.-Hearing.
124. Absence of complainant.
125. Absence of defendant.
126. Adjournment of case.
127. Both parties appearing.
128. Proceedings at the hearing on defendant's admission.
129. Where defendant does not admit case.
130. Hearing in absence of both or either of the parties.
131. Conduct of sommary proceedings.
132. Conditional release, et<:.
PART' VIIA.-PROCEEDINGS IN CASE OF TRAFFIC INFRINGEMENT
SUMMONS.
132A. Practice and procedure in cases commenced by a Traffic Infringement
Summons. '
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Division 2.-Set-o/f.
153. Special defences to be notified to complainant.
154. Where defendant's set-off exceeds complainant's claim.
Division 3.-De/ault Summonses.
155. Interpretation of Divjsion 3-
"default summons".
156. Issue of default summons.
151. Service of default summons.
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158. Where no notice given defence not allowed except by permission of Court,
159. Court may set aside order.
PART IX.-ENFORCEMENT OF DECISIONS.
Division I.-General.
160. Minute of dedsion to be made.
161. Formal convictions and orders.
162. Proceedings in case of dismissal.
163. Convictions not to be set aside for amendable errors.
164. Copies of proceedings.
165. Time for payment or payment by instalments.
166. Transfer of jurisdiction as to enforcement of fines, etc.
Division 2....;...Warrants 0/ Execution and Commitmenf.
167. Imprisonment for non-payment of fine, etc.
168. Court shall impose imprisonment in default of fine, etc.
169. Proof of default.
170. Warrant of commitment to enforce payment of fine, etc.
171. Warrant_of commitment in other cases,
172. Warrant applied for may be postponed.
173. Enforcement of order by warrant of execution.
174. Procedure on execution.
175. Money, etc., and choses in action may be seized, sued on and sold.
176. To whom payments to be made.
177. Application of money paid under a conviction.
Division 3.-Adverse Claims.
178. Adverse claims to goods seized.
179. Rules in interpleader summons.
Divis;on 4.-Anacbment of Debts.
180. Interpretation of Division 4-
"the debtor"
"the garnishee",
181. Oral examination of debtor.
182. Order nisi for attachment of debt.
183. Service of order nisi to bind debts.
184. Where garnishee does not dispute debt.
185. Where garnishee disputes debt.
186. Issue may be filed.
187. Where third parry claims Hen or charge on debt.
188. Court may order warrant to levy amount, etc.
189. Payment by debtor to be valid discharge.
190. Debt Attachment Book.
191. COSts of attachment.
Division 5.-Imprisonment of Fraudulent Debtors.
192. Imprisonment of defendants in civil cases.
19l Imprisonment of a person leaving the country .
.194. Warrant in default of compliance.
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Division G.-Miscellaneous.
199A. Community work orders.
200. Mitigation of payment by Court.
201. Scale of imprisonment for non-payment of money.
202. Reduction of imprisonment on part payment.
203. Discharge on payment in full.
204. Reduction of amount due.
205. Accounts to he kept,
206. Forfeited goods may be sold.
207. Warrant of commitment, etc" not void for want of form only.
208. Convictions, etc" to be transmitted to Registrar of National Court.
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PART XIII.-COSTS.
260. Award of costs.
261. No costs on dismissal of charge of indictable offence.
262. Court's and bailiff's fees.
263. Agents' fees.
264. Witnesses' fees and expenses.
265. Costs in garnishee proceedings.
PART XIV.-SECURITIES.
266. Securities taken under this Act.
267. Recovery of sum due from surety.
268. Enforcement of sum due by principal.
269. Money may be recovered from principaL
270. Payment enforced by security.
271. Magistrate's certificate evidence of non-compliance with recognizance.
272. Enforcement of recognizance.
273. Suspension or mitigation of forfeiture.
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District Courts Ch. No. 40
PART XV.-MISCELLANEOUS.
274. Duty of members of Police Force.
275. Duty of members of Police Force on arrest.
276. Power to order delivery of goods alleged to have been stolen, etc.
277. Contempt of Court.
278. Regulations.
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INDEPENDENT STATE OF PAPUA NEW GUINEA.
ARRANGEMENT OF SECTIONS.
1. Interpretation-
"exclusion order".
2. Forms.
3. Warrant to be transmitted.
4. Recognizance to appear, etc., to be transmitted.
5. Recognizance to keep the peace, etc., to be transmitted.
6. Swfunonses to be transmitted.
,7. Application for summons.
8. Endorsement of order of substituted service.
9. Documents not stamped.
10. Register of Decisions.
11. Order of hearing informations and complaints.
12. Suitors' Cash Book.
13. Security Book.
14. lostalment Book.
15. Sums paid by instalments.
16. Particulars to be stamped.
17. Payment into and out of-Court.
18. Acknowledgement of payment into Court.
19. Erasures or interlineations.
20. Extension of return date of summons.
21. Complaint against two or ~ore persons.
22. Enforcement of order made against two or more defendants.
23. Partoers.
24. Special defences.
25. Coverture.
i6. Infancy.
27. Statute of Limitations.
28. Insolvency.
29. Payment into Coun.
30. Notice of payment into Coun.
31. Tender as defence.
32. Payment out of Court when defence tender.
33. Notice of payment into Coun with denial of liability.
34. Acceptance of money paid in.
35. Money accepted to be paid out of Coun.
36. Memorandum of adjournment.
37. Fraudulent debtors-application for summons.
38. Certificate of payment.
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1. Interpretation.
In this Regulation, "exclusion order" means an exclusion order under the Vagrancy Act.
2. Forms.
(1) Where a provision of the Act or this Regulation is specified in the first column of
Schedule 1, the forin in Schedule 2 that is specified in the third column of Schedule 1 in
relation to the provision, is the form to be used for the purposes of the provision described
in the second column of Schedule 1.
(2) The forms in Schedule 2, or similar forms, may be used for the purposes to which
they are respectively applicable, and instruments in those forms, or in similar forms, shall be
deemed sufficient in law, but those forms, or any of them, may be varied for the purpose of
adapting them to circumstances.
3. Warrant to be transmitted.
( ) Where-
(a) on an information being laid, a warrant is issued in the first instance for the
apprehension of a person; and
(b) that person, being apprehended, is brought before a Court and is-
(i) by warrant committed to gaol; or
(ii) discharged on recognizance until the hearing of the information,
the member of the Police Force who has executed the warrant shalI immediately transmit
the original warrant of apprehension to the Clerk of the Court to which that person has
been remanded or at which he has been bound by recognizance to appear.
6. Summonses to be transmitted.
Where, on an information being laid or complaint made, a summons is issued for the
attendance of any person at a Court, the member of the Police Force or other person who
serves the summons, whether it is served personally or otherwise, shall transmit thez
summons to the Clerk of the Court at which such summons is returnable immediately after
service has been effected.
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23. Partners.
Any two or more persons claiming or being liable as co·partners may join in making a
complaint, or may be joined as defendants in a summons, in the names of their respective
firms (if any) and any person carrying on business in the name of a firm apparently
consisting of more than one person may be sued in the name of that firm.
25. Coverture.
Where a female defendant intends to rely on the defence of coverture, she shall, in her
statement, set out, so far as she is able, the place and date of her marriage, together with the
full names of her husband, and his address and occupation, so far as they are known.
26. Infancy.
Where a defendant intends to rely on the defence of infancy, he shall, in his notice, set
out, so far as he is able, the place and date of his birth.
28. Insolvency.
Where a defendant intends to rely on the defence of a release under any Act relating
to bankrupts or insolvent debtors, he shall, in his notice, set out the dates of all material
orders or certificates and the court by which they were made.
29. Payment into Court.
Subject to this Regulation, money may be paid into Court, and any such payment or
any tender of a sum of money, may be relied on as a defence to any complaint under the
Act for an assault or sum of money due or to any claim or set-off.
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Ch. No. 40 District Courts
SCHEDULES.
SCHEDULE 1.
UST OF FORMS.
SCHEDULE I.-Con/inued
LIST OF FORMS.-Con/inued
Section of Act or Description, No. of Form.
Regulation.
Reg., Sec. 18 Acknowledgement of money paid into Court 5
Reg., Secs. 30(2), 33 Notice of payment of money into Court 6
Reg., Sec. 34(1) Notice of acceptance of money paid into Court 7
Act, Sec. 150 Reg., Sec. 36 Memorandum of adjournment to another Court 8
Act, Sec. 192 Reg., Sec. 37 Application for summons for commitment 9
Act, Sec. 196 Reg., Sec. 38 Certificate of payment 10
Reg., Sec. 39 Security for sum adjudged to be paid 11
Reg., Sec. 41(1) Notice to principal of forfeited security 12
Act, Sec. 182 Reg., Sec. 41 Affidavit in suppOrt of application for oral examination 13
Act, Sec. 21 Statement of causes of complaint in civil cases 14
Act, Sec. 28 Complaint 15
Act, Secs. 28, 35 Information 16
Act, Secs. 41,42,44,47 Summons to a person on information 17
Act, Secs. 41, 42, 44, 47 Summons to a person on complaint 18
Act, Secs. 44, 45, 66 Summons to a person to give evidence 19
Act, Secs. 44,45,71 Summons to a person to produce documents 20
Act, Secs. 49, 50 Warrant in the first instance to apprehend a person 21
charged with an indictable offence or a simple offence
Act, Sec. 54 Endorsement on warrant where bail is allowed 22
Act, Sees. 65, 94, 99 Depositions of witness 23
Act, Sec. 68 Warrant for apprehension of a witness who has not 24
obeyed summons
) Act, Sec. 69 Warrant for a witness in the first instance 25
Act, Secs. 75, 89 Recognizance for the appearance of a-defendant where 26
the case is ad ;ourned or not to be at once proceeded
with
ACt, Secs. 75,89 Notice of recognizance to be given to the defendant 27
and his surety
Act, Sec. 87 Receipt for the prisoner 28
Act, Secs. 93, 125 Warrant to apprehend defendant where the summons 29
is disobeyed
Act, Sec. 96 Statement of defendant 30
Act, Secs. 100, 105, 106, Recognizance of bail on committal for trial 31
107
Act, Sec. 103 Recognizance of bail on committal for sentence 32
Act, Sec. 105 Certificate of consent to bail endorsed on the 33
commitment
Act, Secs. 106, 108 Certificate of consent to bail where not given at time of 34
committal for trial I
Act, Sec. 109 Warrant of deliverance on bail being given for a pri- 35
soner already committed
Act, Secs. 111, 112 Recognizance to give evidence 36
Act, Sec. 112 Notice of recogniZance to be given to witnesses 37
Act, Sec. 113 Order to discharge witness 38
Act, Sec. 114 Order for detention of witness for safe custody 39
Act, Sec. 116 Warrant to convey accused person before a District 40
COUrt at the place in which the offence is committed
Act, Sec. 151 Order for payment of compensation and COSts where 41
complaint made in wrong court
Act, Sec. 157 Default summons on a complaint for a civil debt 42
Act, Sec. 161 Conviction for a penalty, and, in default of payment, 43
imprisonment
Act, Sec. 161 Conviction when punishment is imprisonment 44
Act, Sec. 161, 208 Summary conviction for indictable offence 45
Act, Sec. 161' Order for payment of money or costs 46
Act, Sec. 161, 277 Conviction for contempt of COurt 47
)
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Prepared for inclusion as at 11111980.
Ch.No.40 District Courts
SCHEDULE l.-Conlinued
LIST OF FORMS.-Conlinued
Section of Act or Description', No. of Form.
Regulation.
)
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Prepared for inclusion as at 1/1/1980.
District Courts Ch. No. 40
SCHEDULE 2.
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Prepared for inclusion as at 111/1980.
Ch. No. 40 District Courts
SCHEDULE 2.-CQ.,jnued
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92
Prepared for inclusion as at 1/111980.
District Courts Ch. No. 40
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
Reg., Sec. 13. Form 3.
SECURITY BOOK.
Security Book in the District Court at
J
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) 93
Prepared for inclusion as at 111/1980.
Ch.No.40 District Courts
SCHEDULE 2.-Con,;nued
PAPUA NEW GUINEA.
District Coures Act.
INSTALMENT BOOK.
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1\.B., Complainant.
C.D" Defendant.
Received from the
Dated 19 .
Clerk of District Court.
94
Prepared for inclusion as at 1/111980.
District Courts Ch. No. 40
SCHEDULE 2.-Continued
95
Prepared for inclusion as at 11111980.
)
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
Act, Sec. 192. Form 9.
Reg., Sec. 37.
APPLICATION FOR SUMMONS FOR COMMITMENT.
In the District Court at
A.B., Complainant.
C.D., Defendant.
Date of complaint (or information) ,19 .
Nature of complaint (stale shortly)
I apply for the issue of a summons for commitment against the defendant, and I state that I reiy on
the following grounds for obtaining an order for committal of the defendant:-
(Set out the ground Qr grounds)
(Signature 0/ Complainant or his Lawyer.)
SCHEDULE 2.-Con'inu,d
PAPUA NEW GUINEA.
District Courts Act.
Reg., Sec. 41(1). Form 12.
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Ch. No.40 District Courts
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
Act, Sec. 21. Form 14.
STATEMENT OF CAUSES OF COMPLAINT IN CIVIL CASES.
For that you assaulted by (stale nature 0/ assault}.
For that certain goods of are detained by you.
For I thatyou on 19 , at were indebted to
in the sum of K (on balance of accounts),
For goods then and there bargained and sold to you by
For goods then and there sold and delivered to you by
For money then and there 'lent to you by and interest.
For money paid by for you at your request.
For money received by you for the use of
For work and labour then and there done by for you at your request.
For the use and hire of chattels (or beasts) then and there let to hire and delivered to you at your
request by
For work and labour then and there done and materials for the same then and thete provided by
for you at your request.
For the use and occupation of certain land (house or apartmenrs) of by you at
your request and by the permission of then and there held and "enjoyed.
For board and lodging then and there provided and supplied by for and to you
at your request.
For feeding and taking care of horses (sheep or cattle) by then and there fed and
taken care of for you at your request.
For warehouse room then and there found and provided by in and about the
Storing and keeping of goods and chattels by for you at your request.
For the carriage of goods and chattels by then and there carried for you at your
request.
For the amount of a cheque drawn by you on the Bank of dated
19 ,or for the amount of a bill of exchange dated 19 ,now
overdue, and directed by the complainant to you, and requiring you to pay to the complainant
K • months after date, which was accepted by you, but was not
paid, or for the - amount of your promissory note dated 19 , payable
months after date, and interest.
For money due to on account stated.
For that certain of your cattle (number and descriPlion) trespassed on the land of
For tax (or money) payable under the provisions of the Act to the State (or to
) (or as the case may be).
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SCHEDULE 2.-Continu,d
INFORMATION.
Informant.
Defendant.
To of
Whereas you have this day been charged by of . before the
undersigned, a Magistrate of a District Court, that on 19 , at
you (state shortly the mailer 0/ the in/ormation),
These are therefore to command you [0 appear before the District Court at • on
. 19 ,at a.m.lp.m. to answer the information, and to be further
dealt with according to law,
Dated ,19 .
Magistrate.
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Ch. No. 40 Districe Courts
SCHEDULE 2.-Continued
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District Courts Ch. No. 40
SCHEDULE 2.-Continued
For offences committed abroad for which the parties may be indicted in Papua New Guinea the warrant also
may be the same as in ordinary cases, but descrihing the offence to have been committed "on land out of Papua
New Guinea, at in the Indian (or Pacific) Ocean" or as the Case may be.)
)
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Ch. No. 40 District Courts
SCHEDULE 2.-Continu,d
PAPUA NEW GUINEA.
JJistrict Cburts Act.
Act, Sec. 54. Form 22.
ENDORSEMENT ON WARRANT WHERE BAIL IS ALLOWED.
I direct that the defendant be, on arrest, released on his/hero entering into a recognizance
himself/herself" in the sum of K and surety/sureties' in the sum of
K (each) for his/hero appearance before the District Court at at
a.m.lp.m: on 19 .
Dated 19 .
Magistrate.
·Strike out whichever is inapplicable.
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)
SCHEDULE 2.-CQntinu,d
PAPUA NEW GUINEA.
District Courts Act.
These are therefore to command you immediately to apprehend E,F. and bring him/her before the
District Court at to testify what he/she knows concerning the matter of the
information (or complaint).
Dated 19 .
Magistrate.
)
PAPUA NEW GUINEA.
Diserice Courts Ace.
Taken and acknowledged before me/us the day and year first above-mentioned at
Condition.
The condition of the within-written recognizance is such that if A.B. charged on the iQformation
of c.n. with (insert briefly nature 0/ charge, such as stealing, assault. etr.) shall personally appear at
on ,19 , at a.m.lp.m. before the District Court
sitting at that place, and at every time and place to which, during the course of the proceedings against
A.B., the hearing may be from time to time adjourned (further) to answer the charge made by C.D.
against A.B., then the recognizance to be void, or else to stand in full force and virtue.
)
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Ch. No. 40 District Courts
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
~~7',~ _27.
NOTICE OF RECOGNIZANCE TO BE GIVEN TO THE DEFENDANT AND HIS SURETY.
Take notice that you, A.B. of ) are bound in the sum of K ,
a:nd you, L.M. of , in the sum of K , that you, A.B., appear
personally at on 19 • at a.m.lp.m. before the
District Court sitting at that place, and at every time and place to which, during the course of the
proceedings against you, A.B., the hearing may be from time to time adjourned, to answer further a
certain charge made by CD., the further hearing of which was adjourned to that time and place; and
unless you appear accordingly.-the recognizance entered into by you, A.B., and L.M. as your surety,
will immediately be enforced against you and him,
Dated 19 .
Magistrate.
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District Courts Ch. No. 40
SCHEDULE 2.-Colltinued
Condition.
The condition of the recognizance is such that if A,B., who was this day charged before the District
Court at that (state charge) shall personally appear at the Criminal Sittings of the
National Court to be held at on 19 ,or, if a copy of a tharge has
been delivered to A.B., at the place and time notified in the notice endorsed on the charge, and
surrender himself/herself into the custody of the officer-in-charge of the Corrective Insritution there,
and plead to such indictment as may be filed against him/her in respect of the charg~ and take his/her
trial on the indictment, and not depart from the National Court without leave, then the recognizance
to be void, or else to stand in full force and virtue.
105
Prepared for inclusion as at 11111980.
)
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
Act, Sec. 103. Form 32.
RECOGNIZANCE OF BAIL ON COMMITTAL FOR SENTENCE.
Be it remembered that, on 19 ,A.B. of , and L.M. of
personally came before the undersigned, a Magistrate (Qr Magistrates) of a District
Court, and severally acknowledged themselves to owe to the State the several sums following, that is
to say, A.B. the sum afK ,and L.M. the sum afK ,to be made and
levied of their several,goods and chattels, lands, and tenements respectively to the use of the State if
A:B. fails in the condition endorsed.
Taken and acko0wledged before me/us the day and year first above-mentioned, at
Condition.
The condition of the recognizance is such that if A.B., who was this day-charged before the District
Court at that (state charge) shall personally appear ·at the Criminal Sittings of 'the
National Court to be held at on 19 , or, if a CQpy of a charge 'has
been delivered to A.B., at the place and time notified in the notice endorsed on the charge, and
surrender himself/herself into the custody of the officer-in-charge of the Corrective Institution there,
and appear for sentence before the National Court, and not depart from the National Court without
leave, then the recognizance to be void, or else to stand in.full force.and virtue.
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District Courts Ch. No. 40
SCHEDULE 2.-Cou,iun,d
By the Couri.
Condition. -
The condition of the recognizance is such that whereas A.B. was this day charged before the
District Court at for that (as in the caption of the depositions). If therefore CD. shall
appear at the next Criminal Sittings of the National Court, to be held at on
19 ,and there give evidence on an indictment to be then preferred against A.B. for
the offence mentioned above, then the recognizance to be void, or else to stand in full force and virtue.
}
107
Prepared for inclusion as at 11111980.
Ch. No. 40 District Courts
SCHEDULE 2.-Continued
108
Prepared for inclusion as at 11111980.
(
SCHEDULE 2.-Con,jnued
109
Prepared forinclusion as at 111/1980.
Ch. No. 40 District Courts
SCHEDULE 2.-Con,jnued
110
Prepared for inclusion as at 1/111980.
District Courts Ch. No. 40
SCHEDULE 2.-Continued
A.S. Informant.
CD. Defendant.
Dated 19
By the Court.
Dated 19 .
By the Court.
(
III
Prepared for inclusion as at 11111980.
Ch. No. 40 Districe Coures
SCHEDULli 2.-Cont;nued
A.B., Complainant.
CD. Defendant.
The parties above~named having appeared (or A.B. having appeared but c.p. although duly called
not having appeared by himself/herself Qr his/her lawyer) and it now being satisfactorily proved on oath
that CD. has been duly served with a summons for that purpose (or that an order for notice in
substitution for service of a summons for' that purpose has been made and complied with) which
required him/her to be and appear here on this day before the Court to answer to the complaint and
to be further dealt with according to law and now having heard the matter of the complaint it is
adjudged that CD. pay to A.B. the sum of K immediately (or on or before
19 ) or as ordered) and also pay to A.B. the sum of K for his/her
costs.
Dated 19
By the Court.
Dated 19 .
By the Cou,rt.
SCHEDULE 2.-Continued
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
Act, Sees. 167, 173. Form 51.
WARRANT OF EXECUTION ON A CONVICTION FOR A PENALTY OF A CORPORATION.
To the Officer-in-charge of Police at , and to all other members of the Police Force.
Whereas A.B. (describe the corporation) was, on 19 ,at ,
convicted before the District Court for that (as in the conviction), and it was adjudged that A.B. should
for such offence forfeit and pay (as in the conviction), (and also should pay to CO. the sum of
K for costs).
And whereas A.B. has made default in payment.
These are therefore to command you immediately to take the goods _and chattels of A.B., except
the tools and implements of the defendant's trade, the whole not exceeding in value the sum of
K200.00, and, if within the space of days after taking them the sum stated at the foot
of this warrant together with the reasonable costs and charges of taking and keeping the goods and
chattels is not paid, that then you sell ,the goods and chattels and pay the money arising from such sale
to the Clerk of the District Court at and jf no goods and chattels can be found, that
you so certify to me.
D.ted 19 .
Magistrate.
Amount adjudged K
Paid
Remaining due K
Cost of issuing this warrant
Amount to be levied K
SCHEDULE 2.-Continued
Amount adjudged K
Paid
Remaining due K
Costs of issuing this warrant
Amount to be levied K
Amount adjudged K
Paid
Remaining due K
Costs of issuing this warrant
Amount to be levied K
)
115
Prepared for inclusion as at 11111980.
)
the goods and chattels were (not) at the time of part of the· goods and,chattels that is (one chair,
the seizure the proPerty of E.F. etc.) were at the time of the seizure the
property of E.F. but that the residue of the
goods and chattels was Dot his property.
And it is also adjudged that E.F. (or A.B.) do pay A.B. (or E.F.), immediately (or oD'oc·before
19 ), the sum of K for his costs.
Dated 19 .
By the Court.
116
Prepared for inclusion as at 1/1/1980;
(
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
Act, Sec. 18!. Form 57.
ATIACHMENT OF DEBT-SUMMONS FOR ORDER FOR ORAL EXAMINATION.
A.B., Complainant (or Informant).
C.D., Defendant.
Date of complaint (or information) 19 .
Nature of complaint (or information) (state shortly),
To CD.
You are commanded to appear before the District Court (or, a Magistrate of a District Court) at
on 19 • at a.m.lp.m.· on the hearing of an
application on the part of A.B. that you attend and be orally examined before the District Court at
as (0 whether any and what debts are owing to you and as to any and what other
property or means of satisfying the order made on the complaint/information· you may have and that
you produce your books of accounc, papers, and documents in any way relating to the debts, property,
or means before the Court at the time of the examination.
Dated 19 .
Magistrate.
·Strike out wruchever is inapplicable.
117
Prepared for inclusion as at 1/1/1980.
)
SCHEDULE 2.-CQn'inu,d
PAPUA NEW GUINEA.
District Courts Act.
Act, Sec. 182. Form 59.
ORDER EX PARTE FOR ATTACHMENT OF DEBT.
In the District Court at
A.B., Complainant (Qr Informant),
CO., Defendant.
Date of complaint (or information) 19 .
Natu~ of complaint (or information) (state shortly).
M.P., Garnishee.
On hearing and on reading the affidavit of filed on
19 .
It is ordered "that all debts owing or accruing due from the garnishee to CD., be attached to
anSwer this order for the sum of K on which the sum of K remains
due and unpaid:
It is further ordered that the garnishee attend before the District Couce at on
19 ,at a.m./p.m. on an application of A.B. that the garnishee pay
to A.B. the debt due from him/her to CO. or so much of the debt as may be sufficient to satisfy this
order.
And that the costs of this application be K (if any order for special service is made
add and it is further ordered thac service of this order may be made by (as directed by the Magistrate or
Coun)).
Dated 19 .
By the Court (or Magistrate),
118
Prepared for inclusion as at 11111980.
District Courts Ch. No. 40
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Courts Act.
~kI85. _61.
ORDER WHERE GARNISHEE DISPUTES HIS LIABILITY AND ISSUE IS ORDERED.
In the District Court at
A.B., Complainant (or Informant),
C.D., Defendant.
Date of complaint (or information) 19 .
Nature of complaint (or information) (state shortly),
M.P., Garnishee.
On hearing (all the parties) and on reading the order for attachment of debt dated
,19 • it is ordered that A.B. and M.P. proceed to the trial of an issue in the District
Court at in which A.B. shall be complainant and M.P. shall be defendant; the
question to be tried shall be whether M.P. was indebted to C.D. at the time the order for attachment
was made on the , and if sa whether he/she was so indebted to the amount of
K and that the costs of this application follow the event of such issue:
And it is further ordered that this order may be filed in the Court at within
days of the making of this order.
Dated 19 .
By the Court.
)
119
Prepared for inclusion as at 11111980.
Ch. No. 40 District Courts
SCHEDULE 2.-Contin.,d
PAPUA NEW GUINEA.
Djstrict Courts Act.
Act, Sec. 192. Form 63.
SUMMONS TO DEBTOR.
To A.B., of
Whereas the District Court at • on 19 ,ordered that you
should pay to C.D. -the sum of K and costs which by the order were fixed at the sum
of K (or the sum of K for costs) and the sum(s) (or
K part of etc., as the case may be) are stilI wholly-due and unpaid.
These are therefore to command you to appear personally 'before the District Court at
I on 19 ,at a.m.lp.m. to be examined -by the
Court touching your estate and effects and as to the property and means you 'have or have had of paying
and discharging the sum(s) and as to the disposal you have made of your property and as to your
intention to leave the country without paying the sum(s) or to depart elsewhere within the country with
intent to evade payment and as to the mode in which you incurred the liability (and as to your neglect
or refusal to comply with an order for the delivery pf goods detained without juSt cause after due
notice and to pay the value of the goods to the complainant).
Dated 19 .
Clerk of the District Court at
120
Prepared for inclusion as at 1/1/1980.
D;str;ct Courts Ch. No. 40
SCHEDULE 2.-Continued
These are therefore to command you to apprehend A.B, and to bring him before the Court
immediately to be further dealt with according to law.
Dated 19 .
By the Court.
Magistrate.
)
121
Prepared for inclusion as at 11111980.
Ch. No. 40 District Courts
SCHEDULE 2.-Con';nu,d
PAPUA NEW GUINEA.
District Courts Act.
Act,·Sec.212. Form 67.
WARRANT TO APPREHEND A PERSON REQUIRED TO GIVE SURETY OF THE PEACE OR
FOR GOOD BEHAVIOUR.
In'the District Court at
To the Officec.in-charge.of Police at , and to all other members of the Police Force .
Whereas, on 19 .. an information was laid -that A:B. (as in the summons), and a
summons was then issued to A.B. commanding -him/her to appear at on
19 , at a.m./p.m. before the Court, to answer the information.
And whereas A.B. did not appear at the time and place appointed by the summons, and it has been
proved on oath that the summODS was duly served Cin A.B. a reasonable time before the time ,therein
appointed for appearing to.it.
And whereas oath has- been made. before the Court substantiating the matter of the information to
,its 'satisfaction.
These -are therefore to command you immediately to apprehend A.B. and to bring him/her before
the' Court to answer the information and to find sufficient sureties to keep the peace, and especially
towards C.D., (or to be of good behaviour) for such term as shall be directed.
Dated 19 .
Magistrate.
Taken and acknowledged before me/us the day and year first above-mentioned at
Condition.
The condition of the recognizance is such that, if A.B. shall keep the peace, and especially towards
C.D., of (or be of good behaviour) for the term of (six months) now next ensuing,
then the recognizance to be void, or else to stand in full force and virtue.
122
Prepared for inclusion as at 11111980.
District Courts Ch. No. 40
SCHEDULE 2.-Continued
) 123
Prepared for inclusion as at 11111980.
Ch, No, 40 District Courts
SCHEDULE 2,-Continued
PAPUA NEW GUINEA,
District Courts Act.
Act, Sees, 220, 222, Form 72.
RECOGNIZANCE ON APPEAL.
Be it remembered that, on 19 ,A.B. of , and L.M. of
, personally came before the undersigned, a Magistrate '(or Magistrates) of a District
Court, and severally acknowledged themselves to owe to the State the several sums following, that is
to say, A.B. the sum of K , and L.M. the sum of K , to be made
and levied of their several goods and chaueis, lands, and tenements respectively to the use of the State
jf A.B. fails in the condition endorsed.
Taken and acknowledged before me/us the day and year first above-mentioned at
Condition.
The condition of the recognizance is such that whereas on 19 , an information
was laid (or a complaint made) by of against A.B. of
And whereas the information (or complaint) was heard by the District Court at
on 19 ,and the Court (set out conviction, order, or adjudication):
And whereas A.S. has given notice of his/her intention to appeal from the conviction (or order or
adjudication) to the National Court.
If therefore A.B. shall duly prosecute without delay such appeal and abide the order of the
National Court on the appeal, and pay such costs as may be awarded by the National Court, then the
recognizance to be void, or else to stand in full force and virtue.
4. I request that the appeal be set down for hearini before the National Court on
19
Dated 19 '
(Signature 0/ Appellant or his Lawyer.)
124
Prepared for inclusion as at 1/111980,
\
I
SCHEDULE 2.-Continued
PAPUA NEW GUINEA.
District Coures Act.
Act, Sec. 237. Form 74.
RECOGNIZANCE TO SECURE APPEARANCE TO ABIDE JUDGEMENT OF NATIONAL
COURT ON AN APPEAL.
Be it remembered that, on 19 ,A.B. of • and L.M. of
, personally came before the undersigned, a Magistrate (Qr Magistrates) of a District
Court, and severally acknowledged themselves to owe to the State the several sums following, that is
to say, A.B. the sum of K , and L.M. the sum of K , co be made
and levied of their several goods and chattels, lands, and tenements respectively to the use of the State
if A.B. fails in the condition endorsed.
Taken and acknowledged before me/us the day and year first above-mentioned at
Condition.
The condition of the recognizance is such that whereas A.B., of , instituted an
appeal to the National Couct against a conviction made by the District Court at on
19 ,namely that
And whereas it was made to appear on oath to , a Magistrate of a District Court,
that A.B., was about to leave the country: If therefore on the determination of the appeal A.B., shall
appear to abide the judgment of the National Court, then the recognizance to be void, or else to stand
in full force and virtue.
)
125
Prepared for inclusion as at 11111980.
Ch. No. 40 District Co~rts
SCHEDULE 2.-Con';nu,d
Dated 19 .
By the Court.
Amount adjudged K
Paid
Remaining due K
Cost of issuing this warrant
Amount to be levied K
126
Prepared for inclusion as at 1/111980.
District Courts . Ch. No. 40
SCHEDULE 2.-C,nlinu,d
PAPUA NEW GUINEA.
District Courts Act.
Act, Sec. 278. Form 78.
Reg., Sec. 45(1).
EXCLUSION ORDER UNDER THE VAGRANCY ACT.
In the District Court at
To
Whereas the Court is not satisfied that you have-
·(a) lawful means to support; or
o(b) sufficient lawful means of support,
the Court orders that-
1. You leave the-
"(a) Province; or
"(b) District; or
"(c) town of
within days unless before the expiration of that time you have obtained lawful
employment in the area; and .
2. You remain out of the-
"(a) Province; or
"(b) District; or
u(c) town of
for a period of ; and
3. (corn/iti,ns, if any)
Dated 19 .
Magistrate.
·Strike OU( whichever is inapplicable.
"Complete whichever is applicable.
127
.•.J
Prepared for inclusion as at 11111980.
Ch. No. 40 District Courts
SCHEDULE 3.
Criminal Cases.
10. For every summons for an offence punishable summarily, including copy of service 1.60
Additional when the summons is prepared by the Clerk of a District Court 0.60
For every copy beyond one prepared by the Clerk of a District Court, including service 0.60
11. For every warrant of apprehension for any offence punishable summarily, including exe- 1.60
cution of that warrant
Additional when the warrant is prepared by the Clerk of a District Court 0.60
128
c. I
Prepared for inclusion as at 11111982. {,'
(j
District Courts Ch. No. 40
SCHEDULE 3.-Continued
13. For service or attempted service of the summons, if required to be served by a member 6.00
of the Police Force, on each witness, if the distance from the Court House does not
exceed 3km
If the place of service is beyond 3krn from the Court House, for every additional 0.60
kilometre for each witness to be served
For this service the process-server will, if necessary. pay two visits to the witnesses' place
of abode or business to efffi;!ct service, if more than two visits are desired, then for each
witness to be served a further fee of K6.00 and KO.60 for each additional kilometre
beyond 3km from the Court House for each futher visit must be paid.
14. For every certified copy of an extract from the Register of a District Court 1.20
129
SCHEDULE 4.
Act, Sec. 263.
Reg., Sec. 48.
K K K K K K
1. For drawing and copying information or complaint 17.00 21.0 26.00 34.00 42.00 55.00
with the particulars
Provided that where the particulars exceed 4
folios then in addition for each folio in excess
of 4 folios certified by the Coun as not being
prolix the sum of KO.SO per folio.
2. For summonses 4.00 5.00 6.00 7.00 8.00 10.00
3. For defence or set-of! with the particulars 17.00 21.00 26.00 34.00 42.00 55.00
Provided that where the particulars exceed 4
folios then in addition for each folio in excess
of 4 .folios certified by the Court as not being prolix
the sum of KO.80 per folio.
4. For any application to the Court· not being an 17.00 26.00 34.00 42.00 51.00 60.00
application for an adjourrunent
5. For any application for an adjournment where the 8.40 13.00 17.00 21.00 26.00 30.00
Court at the time especially allows the adjournment
6. Fee for getting up case for trial .' 17.00 26.00 42.00 68.00 84.00 95.00
7. Fee for first day's attendance or part of first day's 26.00 51.00 84.00 126.00 168.00 200.00
attendance in Court .and for each subsequent
day tow-thirds of-
8. For preparing any warrant or order not otherwise 4.00 5.00 6.00 7.00 8.00 9.00
included
9. COStS to be endorsed on ,any writ of execution 9.00 9.00 9.00 13.00 17.00 21.00
exclusive of Court or other fees
10. For a necessary or proper consent, admission (not 4.00 4.00 8.00 8.00 8.00 lO.OO
being an admission of service), notice or memoran-
dum not otherwise provided for, including all
attendances and copies
11. In undefended default summonses under Section 156 17.00 26.00 34.00 42.00 51.00 65.00
of the Act if a legal practitioner is employed
the maximum professional costs allowable shall be
12. In proceedings under the Summary Ejectment Act, the maximum fees and charges
allowable shall be:-
For drawing and copying complaint with particulars 17.00
For summonses 6.00
For getting up case for trial 34.00
For first day's attendance or part of first day's attendance in Court and for each sub- 100.00
sequent day two-thirds of-
130
SCHEDULE 5.
Act, See; 264.
Reg., Sec. 49.
WITNESSES' EXPENSES.
(In respect of the attendance of witnesses in all proceedings whether commenced by complaint for a
civil remedy -or an information for an offence.)
For Travelling. K
1. To every witness who may travel by ship,- air or vehicle, the amount actually and
properly paid for fares both in going to and retutning from the Court at which he may be
required to attend.
2. Where a witness drives a private vehicle, payment for each kilometre necessarily 0.25
travelled. a sum not exceeding per kilometre
For Attendance.
3. Witnesses' expenses (including attendance of plaintiff and defendant) a sum 85.00
representing the amount of salary, wages or income actually lost, and accommodation
expenses, but -not to exceed per day
(R,plaeed by No. 360/1981.)
SCHEDULE 6.
MISCEllANEOUS FEES.
Civil and Criminal Cases.
K
1. for every copy of any complaint, information, summons, warrant, or deposition
obtained after any hearing or examination. and Dot exceeding ODe common law folio, not
otherwise provided fur, prepared by the Clerk of a Dis,rkt Court
2. For every folio or part of a folio beyond the first fouo 0.60
3. For every recognizance to keep the peace 1.60
4. For every certified copy of an order or conviction 1.60
(Replaeed by No. 360/1981.)
131
SUBSIDIARY LEGISLATION.
133
Prepared for inclusion as at 11111980.
)
Central Province.
Berelna, Court House
Guari, Patrol Post Ollice
Kupiano, Subdistrict Ollice
Kwikila, Court House
Magarida, Patrol Post Ollice
Port Moresby, District Court House
Port Moresby, District Court Room, Library Institute Building
Port Moresby, Subdistrict Ollice
Tapini,. Coun House
Woirape, Patrol Post Ollice
.chimbu Province.
Agugu
Angagni
Anganere
Awagle
Awia
Barangi, Rest House
Berorna
Bi
Bogu
Bomkane
Banaggugl
Buli
Bunamugl
Dege
Denge
Deri
Dibinyaunda
Dirima
Diriwamugl
Du
Dukpak
Dulai
Dumun
Eigun
Elmagale
Emimau
Gaima, Rest House
134
)
Prepared for inclusion as at 11111980.
( )
Gakugl
Gamar
Gembogl, Court House
Genabona, Rest House
Gere
Gerema
Giriu
Goglme
Gogme
Gogo
Gomgale, Aid Post
Gomia
Gondomakane
Goro
Goromaugo
Garuma
Gumine, Court House
Guo
( Guruagl
Guruma
Gurumugl
Hinagl, Rest House
labakog!
Inkolai, School House
Ipaku
luage
Kagai
Kaglma
Kaliungu
Kaluweri
Kamataru
Kamtai, Court House
Kanmugl
Karawiri
Karando
Kariglmarig!
Karimui, Court House
Kautambandi
Kawa
Kebai
)
135
Prepared for inclusion as at 1/111980.
)
Kel
Kendine
Kerowagi, Council' Chambers
Keu, Rest House
Kewamgl, School House
Kiari
Kilau, Government Office, Base Camp
Koglai
Konbi
Kondan
Korokoa
Kororume
Ku
Kua
Kunabau
Kundiawa,. Court House.
Kup, Coutt House.
Kurumugl
Laiya )
Lend.
Lurano
Mai
Mainake
Mandime
Mani-piau
Masul
Mata
Membimangi
Mindima
Mogiagi
Mogl
Mogoma
Mondadurugl
Moroma
Moromaule
Movi
Muasigu
Mul
Munurna
Muru, School House
136
Prepared for inclusion as at 11111980.
District Courts Ch. No. 40
138
)
Prepared for inclusion as at 11111980.
,
i
Enga Province.
Aipanda, Rest House
Amunam, Rest House
Aruguli, Rest House
Biak, Rest House
Birip, Rest House
Epamauwanda, Rest House
Imi, Rest House
Irelya, Rest House
lules, Rest House
Kabumanda, Rest House
Kaiap, Rest House
Kaiematok, Rest House
Kaipules, Rest House
Kaiyamanda, Rest House
Kaiyamar, Rest House
Kandep, Local Government Council Chambers
Kandep, Subdistrict Office
Kasi, Rest House
Kernan, Rest House
Kiogai, Rest House
Kiwi, Rest House
Kompiam, Local Government Council Chamber
Kompiam, Subdistrict Office
Kubalis, Rest House
Kuruara, Rest House
Labeam, Rest House
Lagulam, Rest House
Lagui, Rest House
Laiagam, Court House
Laiagam, Local Government Council Chambers
Lailam, Rest House
Leginas, Rest House
Lembem, Rest House
Lenki, Rest House
Londol, Rest House
)
139
Prepared for inclusion as at 11111980.
\
j
Gulf Province.
Baimuru, Court House
Ihu, Patrol Post Office
Kaintiba, Patrol Post Office
Kerema, Court House
Kikori, Subdistrict Office
Malalaua
Madang Province.
Aiome, Court Room
Annanberg, Rest House
Bogia, Court Room
Bundi, Administration Club House
Dumpu, Rest House
Josephstaal, Rest House
Karkar, Patrol Post Office
Madang, Court House
Saidor, Court Room
Simbai, Court Room
Usino, Patrol Post Office
Manus Province.
Baluan, School Building
Bipi Island, Rest House
Bundrahe, Rest House
Lorengau, Court House
Luf, Meeting House
M'Bunai, Rest House
Mokera, Rest House
Pihun, Rest House
Soland, Rest House
)
141
Prepared for inclusion as at 111/1980.
Ch. No. 40 District Courts
Northern Province.
Afore, Base Camp
Higaturu, Local Government Council Chambers
lorna, Patrol Post
Kokoda, Subdistrict Office
Oro Bay, Local Government Council Chambers
Popondetta, Court House
Tufi, Subdistrict Office
Kisenapoi
Kamea, Rest House
Kombela, Rest House
Kama, Patrol Post Office
Kama Station
Kongu, Rest House
Koroba, Subdistrict Office
Koroba Station
Kuare, Base Camp
Kubibi, Singsing Ground
Kudiebi, School
Kugu Palu, S.D.A. Mission
Kuibini, Community Centre
Kum, Community School
Kum, Rest House
Kum, Singsing Ground
Kuma, Community Centre
Kundugu, Rest House
Kunjulu, Rest House
Kunjulu, Singsing Ground
Kuranda, Rest House
Kusa, Rest House
Kusa, Singsing Ground
Kware, Rest House
Lake Kopiago Station
Lake Kopiago, Subdistrict Office
Lake Kutubu, Community School
Lake Kutubu, Old Patrol Post Office
Ledesa, Rest House
Loluapu, Rest House
Mabra, Rest House
Mabra, Singsing Ground
Magara, Rest House
Malo, Singsing Ground
MamuanelTempikeni, Rest House
Manada, Aid Post
Mano, Rest House
Margarima Station
Margarima, Local Government Council Chambers
Maria, Rest House
146
Prepared for inclusion as at 1/111980.
Djstrjct Courts Ch. No. 40
148
Prepared for inclusion as at 11111980.
Djstrjct Courts Ch. No. 40
150
Prepared for inclusion as at 11111980.
District Courts Ch. No. 40
Kalanga Plantation
Kaleta, Rest House
Kamaga, Patrol Post
Kandep, Patrol Post Office
Kandiambiamp, Aid POst
Karap, Community School
Kauwi, Rest House
Kavil, Community School
Kawatangwa, Rest House
Kejibam, Aid Post
Kelua, No.2 School House
Kelua, Community School
Kenewa, Rest House
Keragamp, Rest House
Kerepia Mission
Kerowil Wahgi, Local Government Council Chambers
Kiliga, Rest House
Kimil, Rest House
Kindeng, Community Centre
Kindeng, Community School
Kingla, Rest House
Kinjibi, Aid Post
Kiunga, Subdistrict Office
Kodoro Primary School
Koglamp, School House
Koibuga Mission
Koibuga, Rest House
Koinambi Mission
Kompiam, Court House
Komapan, Rest House
Kompiai, Rest House
Kondapina, Community School
Korioffi, Rest House
Kosap, Rest House
Katna, Dei Local Government Council Chambers
Kudjip
Kugmare, Rest House
Kugmil, Rest House
Kuguma, Rest House
Kuk, Rest House
152
Prepared for inclusion as at 11111980.
}
District Courts Ch. No. 40
153
Prepared for inclusion as at 11111980.
)
154
Prepared for inclusion as at 111/1980.
District Courts Ch. No. 40
155
Prepared for inclusion as at 111/1980.
Ch. No. 40 District Courts
156
Prepared for inclusion as at 11111980.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
District Courts.
APPENDIX 1.
)
Prepared for inclusion as at 11111986.
.')
Ch. No. 40 District Courts ,
Part B.-Cross References-Continued.
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Prepared for inclusion as at 11111986.
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District Courts Ch. No. 40
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Prepared for inclusion as at 11111986.
Ch. No. 40 District Courts
iv
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Prepared for inclusion as at 11111986.
District Courts Ch. No. 40
APPENDIX 2.
lUnlen otherwise indicated, references !lle to the regulations set out in Pan: A.
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Prepared for inclusion as at 11111982.
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