Continuation of Court Rules




THE NEW ZEALAND GAZETTE.
13

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
The Minutes of Judgments, Orders, and other Proceedings at a
Court held at , on the day of , 187 , before , [describing the Judge or
Magistrate].

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.
£ s. 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 of the judgments, orders, and other proceedings
of the Court of , holden at , 187
Clerk.

Dated this day of , 187

3.-AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT ON
AN ORDER OF A COURT NOT A DISTRICT 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., Α.Β.

4.-JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT
OF A DISTRICT 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 DISTRICT 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
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 £ :]
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 pay the said sum, in payment of which you have
made default [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.

Amount of judgment or order remaining
due
Cost of this summons
Total sum due

6.-SUMMONS TO WITNESS.
"The Imprisonment for Debt Abolition Act, 1874."
In the Court of , holden at
No. of Plaint.
In the matter of a judgment summons,
on
(Seal.)
Between A.B., Plaintiff,
and
C.D., Defendant.

You are hereby required to attend at the Court House in
the day of , 187 , at the
hour of in the noon, to give evidence in the above
matter on behalf of the plaintiff [or defendant, as the case may
be], and then and there to have and produce [State any parti-
cular documents required], and all other books, papers, writings,
and other documents relating to the said matter which may be
in your custody, possession, or power. In default of your



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VUW Te Waharoa PDF NZ Gazette 1875, No 1





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⚖️ Schedules and Forms for District Court Proceedings under Debt Abolition Act (continued from previous page)

⚖️ Justice & Law Enforcement
5 January 1875
Court Forms, Judgment Summons, Affidavit, Witness Summons, Debt Recovery, Imprisonment for Debt Abolition Act