734
THE NEW ZEALAND GAZETTE.

4. Where a judgment creditor desires to apply for
   a judgment summons to a Magistrate's Court, other
   than the Magistrate's Court in which the order or
   judgment was obtained, he shall obtain from the Clerk
   of the Magistrate's Court in which the order or
   judgment was obtained a certified copy of the order
   or judgment in the cause, according to the form (2)
   in this Schedule, and file the same with his applica-
   tion.

5. Where a party desires to enforce by commit-
   ment in any Magistrate's Court a judgment decree
   or order of a District Court or of the Supreme Court,
   he shall obtain from such District or Supreme Court,
   as the case may be, an office copy of the judgment
   decree or order he desires so to enforce, or a copy
   of such judgment decree or order, certified by the
   Registrar or Clerk of the Court, and shall file such
   copy, together with an affidavit in the form (3) in
   this Schedule, of the sum then due thereon, with the
   Clerk of the Magistrate's Court to which the appli-
   cation for the judgment summons is made.

6. Every judgment summons on an order or judg-
   ment of a Magistrate's Court shall be according to
   the form (4) in this Schedule, and be issued not less
   than ten clear days, and be served not less than five
   clear days, before the day on which the judgment
   debtor is required to appear, except in the case pro-
   vided for by rule 8 of these Rules.

7. The Clerk of the Magistrate's Court to which
   the application for a judgment summons is made
   shall, upon delivery to him of the certificate of the
   Clerk of the District Court, or office copy of the
   judgment, decree, or order of the Supreme Court, as
   the case may be, file the same, and issue thereon a
   judgment summons in the form (5) in this Schedule.

8. Where the person applying for the judgment
   summons shall state to the Clerk of the Magistrate's
   Court that the judgment debtor is about to remove
   from his dwelling or place of business, or is keeping
   out of the way to avoid service, then the judgment
   summons may be issued and served at any time before
   the hearing: Provided that the Magistrate's Court
   shall not act upon a summons issued under this rule,
   unless at the hearing such Court is satisfied, by
   evidence on oath, that at the time of the application
   for the judgment summons such party was about to
   remove from his dwelling or place of business, or was
   keeping out of the way to avoid service, in either of
   which cases service upon the party at any time
   before the time appointed for the appearance of such
   party shall be sufficient.

9. Where the debtor resides or carries on business
   within the district of the Magistrate's Court to which
   the application is made, a judgment summons may
   issue without leave of the Court, except in cases pro-
   vided for by the last rule.

10. No successive judgment summonses shall be
    issued.

11. The hearing of a judgment summons may be
    adjourned from time to time.

12. Any witness may be summoned to give evi-
    dence in the same manner as witnesses are sum-
    moned to give evidence upon the hearing of a plaint.
    Such summons shall be according to the form (6) in
    this Schedule.

13. Upon the issue of a judgment summons
    against a party upon an order or judgment of the
    Magistrate's Court issuing the judgment summons,
    the Bailiff of such Court shall return into such
    Court any warrant of execution against the goods of
    such party which may have been issued in the cause.

14. Where a judgment summons is heard in a
    Magistrate's Court other than the Court in which
    the order or judgment was obtained, and an order is
    made by the Court in which the judgment summons
    is heard altering the terms of the order or judgment,

all payments under the new order shall be made into,
and execution thereupon against the goods shall be
issued by the Court, which has so altered the order.
Such order shall be in the form (7) in this Schedule.

15. Where a certified copy of a judgment is ob-
    tained from the Clerk of a Magistrate's or District
    Court, he shall make on the minute of the judgment
    a memorandum of having given such certificate; and
    no warrant of execution against the goods, or judg-
    ment summons upon such judgment shall issue from
    such Court, unless it be shown to the satisfaction of
    the Court or to the Clerk of such Court that no
    order has been made against the execution debtor
    in any other Court.

Order of Commitment.

16. An order of commitment made under the Act
    on an order or judgment of a Magistrate's Court
    shall be according to the form (8) in this Schedule,
    and an order of commitment made under the Act
    on an order or judgment of a Court other than a
    Magistrate's Court, shall be in the form (8A) in this
    Schedule; and every such order shall, on whatever
    day it may be issued from the Clerk's office, bear date
    on the day on which the order for commitment was
    made, and shall continue in force for one year from
    such date, and no longer.

17. When an order of commitment for non-pay-
    ment of money is issued, the defendant may, at any
    time before his body is delivered into the custody of
    the gaoler, pay to the bailiff the amount indorsed on
    the order as that on the payment of which he may be
    discharged; and on receiving such amount the bailiff
    shall discharge the defendant, and shall, within
    twenty-four hours after receiving such amount, pay
    over the same to the Clerk of the Magistrate's Court
    of which he is an officer.

18. The sum indorsed on the order of commitment
    as that upon payment of which the prisoner may be
    discharged may be paid to the Clerk of the Court
    from which the commitment order was issued, or to
    the gaoler in whose custody the prisoner is. Where
    it is paid to the Clerk, he shall sign and seal a
    certificate of such payment; and upon receiving
    such certificate by post or otherwise, the gaoler in
    whose custody the prisoner shall then be shall forth-
    with discharge such prisoner. And where it is paid to
    the gaoler, he shall, upon payment to him of such
    amount, together with costs sufficient to pay for
    transmitting such amount to the Court under the
    order of which the prisoner was committed, by post-
    office order, sign a certificate of such payment and
    discharge the prisoner, and such costs of transmission
    shall be part of the prescribed costs.

19. A certificate of payment by a prisoner shall be
    according to the form (9) in this Schedule.

20. Orders of commitment against the same party
    may be issued concurrently into more than one
    district: Provided that the cost of one order only
    shall be allowed unless the Court shall otherwise
    direct.

21. All costs incurred by the plaintiff in endea-
    vouring to enforce an order or judgment shall be
    deemed to be due in pursuance of such order or
    judgment, under section 5 of "The Imprisonment
    for Debt Abolition Act, 1874."

22. Where a judgment debtor shall, upon the
    return day of a judgment summons, satisfy the Court
    that he has been adjudicated a bankrupt, and that
    the debt was provable in the bankruptcy, or that, in
    respect of the debt, the provisions of Part XVIII.
    of "The Bankruptcy Act, 1867," have been complied
    with, no order of commitment shall be made.

23. Where a judgment debtor shall, after the
    making of an order of commitment against him and
    before its issue, file in the Magistrate's Court in