Numb. 57.

733

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF THURSDAY, OCTOBER 29, 1874.

Published by Authority.

WELLINGTON, FRIDAY, OCTOBER 30, 1874.

Appointing Rules for Resident Magistrates' Courts
under "Imprisonment for Debt Abolition Act,
1874."

JAMES FERGUSSON, Governor.

WHEREAS by "The Imprisonment for Debt
Abolition Act, 1874," (hereafter referred to as
"the said Act,") it is enacted that in the said Act
the term "prescribed" means, as respects Resident
Magistrates' Courts and Courts of Petty Sessions
and Justices of the Peace acting under "The Resi-
dent Magistrates Act, 1867," or any Acts amending
the same, prescribed by general rules or orders to be
made by the Governor in like manner as he is now
authorized under the said Acts to frame and estab-
lish general rules for the purposes thereof; and it is
also by the said Act provided that general rules and
orders may, as respects the said Courts, Petty
Sessions, and Justices so acting as aforesaid, be made
by the Governor for the purpose of carrying the said
Act into effect:

And whereas by "The Resident Magistrates Act,
1867," it is provided that in all cases not therein
specially provided for, the Governor may from time
to time frame and establish general rules and orders
regulating the practice and forms of all proceedings
in Courts under the said last-mentioned Act; and
that such rules and orders shall be published in the
New Zealand Gazette, and when so published shall
have the force of law:

Now therefore I, Sir James Fergusson, Baronet,
the Governor of the Colony of New Zealand, in pur-
suance and exercise of the powers and authority
conferred upon me by the said hereinbefore recited
provisions of the said Acts, do hereby make the
general rules and orders and prescribe the fees set
forth in the First and Second Schedules hereto re-
spectively.

As witness the hand of His Excellency the
Governor, this thirtieth day of October,
one thousand eight hundred and seventy-
four.

DANIEL POLLEN.

FIRST SCHEDULE.
RULES FOR RESIDENT MAGISTRATES' COURTS
UNDER "THE IMPRISONMENT FOR DEBT ABOLITION ACT, 1874."

Interpretation.

In the following Rules, the words "the Act" shall
mean "The Imprisonment for Debt Abolition Act,
1874;" and the words "clear days" shall mean that in
all cases in which any particular number of days is
prescribed for the doing any act, or for any other
purpose, the same shall be reckoned exclusive both
of the first day and of the last day; and in the inter-
pretation of these Rules, unless there be something in
the context inconsistent therewith, the word "per-
son" shall include a body politic or corporate, and
every word importing the singular number only shall
include the plural number, and words importing the
plural number only shall include the singular number,
and words importing the masculine gender only shall
include females, unless the contrary as to number or
gender is expressly provided.

"Magistrate's Court" shall include any Resident
Magistrate's Court, Court of Petty Sessions, or
any Resident Magistrate or Justices acting under
"The Resident Magistrates Act, 1867," or any Act
amending the same.

"District Court" shall mean any Court constituted
under "The District Courts Act, 1858," or the Acts
amending the same.

Judgment Summons.

1. No order of commitment under the Act shall
   be made unless a summons to appear and be ex-
   amined on oath (hereinafter called a "judgment
   summons") shall have been personally served upon
   the judgment debtor.

2. A judgment summons shall only be issued by a
   Magistrate's Court when the debtor resides or car-
   ries on business within its district, unless leave of
   such Court has been first obtained.

3. An application by a judgment creditor for the
   issue of a judgment summons under the Act shall be
   in writing, signed by the applicant or his agent,
   according to the form (1) in this Schedule.