THE NEW ZEALAND GAZETTE.

which the order was made, an affidavit according to
the form (10) in this Schedule, stating that he has
been adjudicated a bankrupt, and that the debt was
provable in the bankruptcy, or that in respect of the
judgment debt the provisions of the before-mentioned
Part of "The Bankruptcy Act, 1867," have been
complied with, and at the same time giving notice to
the judgment creditor of the filing of the affidavit, no
such order shall issue.

24. Where a judgment debtor is arrested, he may,
    according to the tenor of the order of commitment,
    file in the Magistrate's Court within the district of
    which he is in custody, an affidavit as mentioned in
    the last foregoing rule, and give the notice to the
    judgment creditor thereof, as therein required, and
    thereupon the judgment debtor shall be discharged
    out of custody upon the certificate of the Clerk of
    such Court. Such certificate shall be according to
    the form (11) in this Schedule.

Costs.

25. The costs which shall be payable by a person
    imprisoned under the Act shall be the fees specified
    in the Second Schedule, and such fees shall be
    deemed to be, and shall be, the prescribed costs
    referred to in section 13 of the Act.

FORMS TO FIRST SCHEDULE.

1.-APPLICATION FOR JUDGMENT SUMMONS.
"The Imprisonment for Debt Abolition Act, 1874."

A.B., Plaintiff.
C.D., Defendant [Address and description of plaintiff and
defendant to be added where judgment that of any other Court].

I apply for the issue of a judgment summons against the
said defendant in respect of a judgment [or order] of this
Court [or of the
Court of
holden at

],
or of [Here set forth the style or other sufficient description of
the Court which gave the judgment or made the order].

And I undertake to prove, to the satisfaction of the Court at
the hearing, that the judgment debtor has, or has had since the
date of the judgment [or order] the means to pay the sum in
respect of which he has made default, and that he has refused
or neglected, or refuses or neglects, to pay the said sum [or
specifying any other of the matters mentioned in subsections four
and five of section eight of the Act].

I am aware that if I do not prove the same accordingly that
I shall have to pay the cost of this summons.

A.B., Judgment Creditor [or
C.D., Agent to the Judgment Creditor].

2.-CERTIFIED COPY OF ORDER OR JUDGMENT.
The
Court of
, holden at
Minutes of Judgments, Orders, and other Proceedings at a
Court held at
, on the
day of

187 , before
, [describing the Magis-
trate].

No.
Plaintiff.
Appearance.
Defendant.
Appearance.
Particulars of
Claim.
Amount
claimed.
Special Defence.
By whom Jury
required.
For whom
Judgment given.
Amount
of Judg-
ment.
Costs.
Order.
£
8.
d.

Amount of judgment or order, includ-
ing costs
Subsequent costs
Paid into Court
Total sum now due

I hereby certify that the above is a true copy of an entry in
the minute book, judgments, orders, and other proceedings of
the
Court of
, holden at

Dated this
day of
, 187

Clerk.

735

3.-AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT ON
AN ORDER OF A COURT NOT A MAGISTRATE'S COURT.
"The Imprisonment for Debt Abolition Act, 1874."

In the
Court of
, holden at

In the matter of a judgment [or order or decree] of the
Supreme Court [or as the case may be],
A.B., Plaintiff [Address, description],
and
C.D., Defendant [Address, description].

I, A.B., the above-named plaintiff, make oath and say-

1. That on the
   day of
   , 187, I obtained a
   judgment [or decree, or order,] in [Here set forth the style of
   the Court in which judgment, decree, or order obtained] against
   C.D., the above-named defendant, for the payment of the
   sum of

2. That there is still due on the said judgment [or order or
   decree] the sum of

Sworn at, &c.,

A.B.

4.-JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT
OF A MAGISTRATE'S COURT.
"The Imprisonment for Debt Abolition Act, 1874."

In the [Title of Court issuing summons].
No. of Plaint.
No. of Judgment Summons.

Between A.B., Plaintiff [Address, description],
and
C.D., Defendant [Present address, description, and, if known,
place of employment].

WHEREAS the plaintiff obtained a judgment [or if no judgment
has been obtained, or if a fresh order has been obtained upon a
judgment, an order] against you, the above-named defendant,
in the
Court of
, holden at
on the
day of
, 187, for the payment of £
for debt [or damages] and costs, and subsequent costs have
been incurred in pursuance thereof, amounting to
:
And whereas you have made default in payment of the sum
payable in pursuance of the said judgment [or order]:
You are therefore hereby summoned to appear personally in
this Court [at place where Court holden] on the
day
of
187 , at the hour of
in the
noon,
to be examined on oath by the Court touching the means you
have or have had since the date of the judgment [or order] to
satisfy the sum payable in pursuance of the said judgment [or
order] [or specifying such of the matters mentioned in subsections
four and five of section eight of the Act, as are specified in the
application for judgment summons]; and also to show cause why
you should not be committed to prison for such default.

Dated this
day of
187

Clerk of the Court.

£ s. d.
Amount of judgment, or order, and costs
Costs of warrant against the goods, if any
Costs of previous judgment summonses, hearing
and commitments, if any

Deduct
{
Paid into Court
Amounts which were not
required to have been
paid before the date of
the summons

Sum payable
Costs of the summons

Amount upon the payment of which no further
proceedings will be had until default in pay-
ment of next instalment

5.-JUDGMENT SUMMONS ON ORDER OR JUDGMENT OF A
COURT OTHER THAN A MAGISTRATE'S COURT.
"The Imprisonment for Debt Abolition Act, 1874."

In the [Title of Court issuing Summons].
No. of Judgment Summons.

Between A.B., Plaintiff [Address and description],
and
C.D., Defendant [Present address, description, and, if known,
place of employment].

WHEREAS the plaintiff obtained a judgment against the de-
fendant in the Supreme Court of [or as the case may be] on the
day of
187, for the sum of
, and there is now due and payable upon the said
judgment the sum of £
[Or, Whereas by a decree [or order] made by the Supreme
Court [or as the case may be] on the
day of
: