Legislation Forms and Appointments




THE NEW ZEALAND GAZETTE.
737

8A.-ORDER OF COMMITMENT ON AN ORDER OR JUDGMENT OF
A COURT OTHER THAN A MAGISTRATE'S COURT.
"The Imprisonment for Debt Abolition Act, 1874."
In the [Titl of Court ordering committal]:
No. of Plaint.
No. of Judgment Summons.
No. of Order.
Between A.B., Plaintiff,
and
C.D., Defendant.

To the Bailiff of the
Court, and to all Peace Officers
within the jurisdiction of the said Court, and to the
Governor or Keeper of [the prison used by the Court].

WHEREAS the plaintiff obtained a judgment against the de-
fendant in the Supreme Court [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
187, the defendant was ordered to pay to the plaintiff the sum
of £
, and there is now due and payable upon the said
decree (or order) the sum of £
:]

And whereas a summons was, at the instance of the plaintiff,
duly issued out of this Court, by which the defendant was re-
quired to appear personally at this Court on the
day of
187, to be examined on oath touching [Here specify
such of the matters as were stated in the summons], which sum-
mons was proved to this Court to have been personally and
duly served on the defendant:

And whereas, at the hearing of the said summons, it has now
been proved to the satisfaction of the Court that the defendant
[Here specify such of the matters stated in the summons as have
been proved]:

Now, therefore, it is ordered that the defendant shall be
committed to prison for
days, unless he shall sooner
pay the sums in payment of which he has so made default,
together with the prescribed costs hereinafter mentioned, or
shall file such affidavit as is mentioned in rule 23 of the Rules
for Resident Magistrates' Courts under "The Imprisonment
for Debt Abolition Act, 1874," of October, 1874.

These are therefore to require you the said
and
others, to take the defendant and to deliver him to the
Governor or Keeper of the [prison used by the Court], and you
the said Governor or Keeper to receive the defendant, and him
safely keep in the said prison for
days from the arrest
under this order, or until he shall be sooner discharged by due
course of law.

Given under the Seal of
order] day of
187
this [Insert date of
E.F.,
Clerk of the Court.
£ s. d.
Amount of judgment or order remaining due
Costs of judgment summons and poundage on
this order
Amount upon the payment of which the prisoner
is to be discharged
This order remains in force one year from the date thereof.

9.-CERTIFICATE OF PAYMENT BY A PRISONER.
"The Imprisonment for Debt Abolition Act, 1874."
I HEREBY certify that the defendant, who was committed to
my [or your] custody by virtue of an order of commitment
under the seal of this Court [or of the
Court of
holden at
], bearing date the
day of
187, has paid and satisfied the sum of money for the non-
payment whereof he was so committed, together with all costs
due and payable by him in respect thereof; and that the de-
fendant may, in respect of such order, be forthwith discharged
out of my [or your custody.

Given under my hand [or the Seal of the Court] this
day of
, 187
Gaoler [or Clerk] of the
of
, holden at
Court
To the Governor or Keeper
of

10.-AFFIDAVIT.
"The Imprisonment for Debt Abolition Act, 1874."
In the
Court of
, holden at
Between A.B., Plaintiff,
and
C.D., Defendant.
I, C.D., of
, make oath and say,-

  1. That under "The Imprisonment for Debt Abolition Act,

1874," an order for my committal was made by the above
Court [or, the
Court of
holden
at
], for making default in payment of £
due from me in pursuance of an order [or judgment] of the
[Here insert the Court in which order or judgment was given].
2. That on the
day of
187, I
was adjudicated a bankrupt by the [Here insert the Court by
which adjudication was made].
3. That the order of adjudication was published in the
[naming the newspaper duly appointed to be the Gazette] on the
day
187
4. That the debt in respect of which the above order [or
judgment] was given was provable under the bankruptcy.
[Or, 2. That a deed of arrangement under Part XVIII. of
"The Bankruptcy Act, 1867," has been executed by myself, and
been duly filed and been completely executed within the mean-
ing of the two hundred and sixty-third section of the said Bank-
ruptcy Act, and that the debt in respect of which the above
order [or judgment] was made was included in a list filed by
me under the two hundred and sixty-first section of the said
Bankruptcy Act, in the [Here insert name of Court] on the
day of
187
Sworn at, &c.
C.D.

11.-CERTIFICATE.
"The Imprisonment for Debt Abolition Act, 1874."
In the
Court of
holden at
.
Between A.B., Plaintiff,
and
C.D., Defendant.

I HEREBY certify that the defendant, who was committed to
your custody by virtue of an order of commitment under the
seal of this Court [or the
Court of
, holden at
], bearing date the
day of
, 187
has filed an affidavit in this Court stating that he is a bankrupt
[or that a deed of arrangement under Part XVIII. of "The
Bankruptcy Act, 1867," has been executed by him, and has
been duly filed and been completely executed within the mean-
ing of the two hundred and sixty-third section of the said Bank-
ruptcy Act, and that the debt in respect of which the above order
(or judgment) was made, was included in a list filed by him under
the two hundred and sixty-first section of the said Bankruptcy
Act], and that the defendant may, in respect of such order, be
forthwith discharged out of your custody.

Given under the Seal of the Court this
187
day of
Clerk.

SECOND SCHEDULE.
TABLE OF FEES TO BE TAKEN IN RESIDENT MAGIS-
TRATES' COURTS UNDER "THE IMPRISONMENT
FOR DEBT ABOLITION ACT, 1874."
For every judgment summons under "The Imprison-
ment for Debt Abolition Act, 1874," threepence
in the pound on so much of the amount of the
original demand as, in obedience to the order of
the Court, should have been paid at the time of
the issue of the summons.
Where such last-mentioned amount does not exceed
twenty shillings, an additional fee of sixpence;
and where such amount does exceed twenty
shillings and does not exceed ten pounds, an
additional fee of one shilling; and where such
amount exceeds ten pounds and does not exceed
twenty pounds, an additional fee of two shillings;
and where such amount exceeds twenty pounds,
an additional fee of three shillings.
For every hearing of the matters mentioned in such
judgment summons, sixpence in the pound on
the amount upon which the fee on the summons
is calculated.
For issuing every order of commitment, eighteen-
pence in the pound on the amount upon which
the fee on the summons is calculated.

Licensing Courts for Licensing Districts appointed.

JAMES FERGUSSON, Governor.

WHEREAS by "The Licensing Act 1873 Amend-
ment Act, 1874," it is enacted that every



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1874, No 57





✨ LLM interpretation of page content

⚖️ Forms and Schedule of Fees under Imprisonment for Debt Abolition Act, 1874 (continued from previous page)

⚖️ Justice & Law Enforcement
30 October 1874
Imprisonment for Debt Abolition Act, Forms, Commitment Order, Certificate of Payment, Bankruptcy Affidavit, Court Fees

🏘️ Appointment of Licensing Courts for Licensing Districts

🏘️ Provincial & Local Government
Licensing Act 1873 Amendment Act 1874, Licensing Courts, Proclamation
  • JAMES FERGUSSON, Governor