THE NEW ZEALAND GAZETTE.

11

Making Rules for District Courts under "Imprison-
ment for Debt Abolition Act, 1874."

NORMANBY,
Administrator of the Government.
ORDER IN COUNCIL.

At the Government House, at Wellington, this
fifth day of January, 1875.

Present:
HIS EXCELLENCY THE ADMINISTRATOR OF THE
GOVERNMENT IN COUNCIL.

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 the Dis-
trict Courts, prescribed by general rules to be made
under "The District Courts Act Amendment Act,
1865," or any Acts amending the same; and it is also
by the said Act provided that general rules and
orders may, as respects such District Courts, be made
by the Governor for the purpose of carrying the said
Act into effect:

And whereas by "The District Courts Act Amend-
ment Act, 1865," it is provided that it shall be law-
ful for the Governor in Council, with the concurrence
of one of the Judges of the Supreme Court, to frame
general rules and orders for regulating the practice
of the said Courts and the form of proceedings
therein, and from time to time to rescind, suspend,
alter, or amend all rules, orders, and forms now
framed or hereafter to be framed, or any of them or
any part thereof, and such original or amended rules,
orders, and forms, or any rules rescinding the same
or any of them, shall be in force in any District
Court respectively from a day to be fixed by the said
Governor in Council:

And whereas the rules, orders, and forms in the
First Schedule hereto have been concurred in by His
Honor Alexander James Johnston, Esquire, one of
the Judges of the said Supreme Court:

Now therefore, I, George Augustus Constantine,
Marquis of Normanby, the Administrator of the
Government 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, and by and with the
advice and consent of the Executive Council of the
said colony, and with the concurrence of the said
Alexander James Johnston, Esquire, as aforesaid, do
hereby make the general rules and orders, and pre-
scribe the fees set forth in the First and Second
Schedules hereto respectively, and the same shall
come into and be in force from and after the
eighteenth day of January, instant.

FORSTER GORING,
Clerk of the Executive Council.

FIRST SCHEDULE.

RULES FOR DISTRICT 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.

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

"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.

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
   District Court when the debtor resides or carries
   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.

4. Where a judgment creditor desires to apply for
   a judgment summons to a District Court, other than
   the District Court in which the order or judgment
   was obtained, he shall obtain from the Clerk of the
   District 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 application.

5. Where a party desires to enforce by commit-
   ment in any District Court a judgment, decree, or
   order of a Magistrate's Court or of the Supreme
   Court, he shall obtain from such Magistrate's Court
   or Supreme Court, as the case may be, in the case of
   a Magistrate's Court, a certificate in the form (2) in
   this Schedule, and in the case of the Supreme Court
   a copy of the judgment, decree, or order he desires
   so to enforce, certified by the Registrar of the Court,
   and shall file such certificate or copy, together with an
   affidavit in the form (3) in this Schedule, of the sum
   then due thereon, with the Clerk of the District
   Court to which the application for the judgment
   summons is made.

6. Every judgment summons on an order or judg-
   ment of a District 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 District Court to which the
   application for a judgment summons is made shall,
   upon delivery to him of the certified copy of the
   order or judgment of the Magistrate's 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 District
   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 District 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