✨ Legal Forms Publication
14
THE NEW ZEALAND GAZETTE.
attendance, you will be liable to a penalty of ten pounds, under
"The District Courts Act, 1858."
Dated this day of , 187
To Clerk of the Court.
7.—ORDER UPON A JUDGMENT SUMMONS ALTERING ORIGINAL
ORDER OR JUDGMENT.
"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 and description],
and
C.D., Defendant.
[Present address, description, and, if known, place of employ-
ment].
WHEREAS the plaintiff obtained a judgment [or order] against
the defendant in the Court of , holden at
on the day of , 187, for the payment
of £ , together with £ for costs, and in payment
thereof [or of part thereof] the defendant hath made
default:
[Or, Whereas the plaintiff obtained a judgment against the
defendant 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 the means he
had then, or had had since the date of the judgment [or order],
to pay the said sum [or specifying such of the matters mentioned
in subsections four and five of section eight of the Act as were
specified in the summons]; which summons was proved to this
Court to have been personally and duly served on the defendant:
It is ordered that the defendant do Acknowledgment of
pay the amount still due on the said payment into Court.
judgment, and the costs of the said sum-
mons and its hearing, as stated at the Date£ s. d. Received
foot of this order, to the Clerk of this by.
Court, by instalments of £ for
every days; the first payment to
be made on the day of , 187 .
Given under the Seal of the Court, on this day of
, 187
Clerk of the Court.
Amount on judgment or order remaining
due
Cost of judgment summons, and its
hearing
£s. d.
8.—ORDER OF COMMITMENT.
"The Imprisonment for Debt Abolition Act, 1874."
In the [Title of Court ordering Committal].
No. of Plaint.
No. of Judgment Summons.
No. of Order.
Between A.B., Plaintiff,
and
C.D., Defendant.
To Bailiff of the Court, and 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 [or order] against
the defendant in the District Court of , holden at
, on the day of , 187 , for the pay-
ment of £ for debt [or damages] and costs, and
subsequent costs have been incurred in pursuance thereof,
amounting to £
:
And whereas the defendant hath made default in payment of
, payable in pursuance of the said judgment [or
order]:
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
of , 187, to be examined on oath touching [Here
specify such of the matters as were stated in the summons], and
to show cause why he should not be committed to prison for
such default, which summons has been 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 [Here specify
such of the matters stated in the summons as have been proved],
and the defendant has shown no cause why he should not be
committed to prison:
Now, therefore, it is ordered that the defendant shall be com-
mitted to prison for days, unless he shall sooner pay
the sum stated below as that upon the payment of which he is
to be discharged, 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 this [Insert date of order]
day of , 187 .
E.F.,
Clerk of the Court.
Total sum payable at the time of hearing of the
judgment summons
Hearing of summons, and poundage upon this
order
Deduct amount paid into Court subsequent to
the hearing of the judgment summons
Total sum upon payment of which the prisoner
will be discharged
£s. d.
8A.—ORDER OF COMMITMENT ON AN ORDER OR JUDGMENT OF
A COURT OTHER THAN A DISTRICT COURT.
"The Imprisonment for Debt Abolition Act, 1874."
In the [Title 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 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 District Courts under "The Imprisonment for Debt Aboli-
tion 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 this [Insert date of
, 187
E.F.,
Clerk of the Court.
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⚖️
Schedules and Forms for District Court Proceedings under Debt Abolition Act
(continued from previous page)
⚖️ Justice & Law Enforcement5 January 1875
Court Forms, Judgment Summons, Order of Commitment, Debt Abolition Act, District Court, Supreme Court
NZ Gazette 1875, No 1