12

THE NEW ZEALAND GAZETTE.

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 District 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 District 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
    District Court other than the Court in which the
    order or judgment was obtained, and an order is
    made by the Judge of the Court in which the judg-
    ment 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 Court or
    District Court, he shall make on the minute of the
    judgment a memorandum of having given such certi-
    ficate; and no warrant of execution against the
    goods, or judgment 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 District 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
    District 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 District 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 District Court in
    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 District 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].