Legislative Amendments and Court Rules




THE NEW ZEALAND GAZETTE. 47

and "and Re-docketings", from "to check"
to "such Duties," and from "Principal
Assistant" to "[Mr. Richard Marlow]", the
words "[Mr. Robert Cooper]", from "to
receive and enter" to "Parliamentary Ap-
pearances;" and from "Assistant" (where it
next thereafter occurs) to end of that Sche-
dule, and the column for yearly salaries.
Schedule (B.), the words "their Assistants and
Clerks,", "and Salaries", "Assistants, and
Clerks respectively", "[The Honourable
David Plunket]" and "and Re-docketings",
from "to check" to "such Duties.]" and
from "Principal Assistant" to "[Mr. William
M. Mee]", the words "[Mr. John Clancy]",
from "to receive and enter" to "Parlia-
mentary Appearances;" and from "Assistant
[Mr. James Lynam]" to end of that Schedule,
and the column for yearly salaries.
Schedule (C.), the words "their Assistants and
Clerks,", "and Salaries", "Assistants, and
Clerks respectively", "[Robert Hitchcock,
Esquire]" " and "and Re-docketings", from
"to check" to "such Duties," and from
"Principal Assistant" to "Clerk [ ]"
(under the head Rules Department), the
words "[Mr. Arthur Greene]", "to
receive and enter" to "Parliamentary Ap-
pearances;" and from "Assistant [Mr.
William Yeo]" to end of that Schedule, and
the column for yearly salaries.
Schedule (D.)
with a memorandum expressing that the same has
been applied for by the plaintiff or defendant in
person, as the case may be, mentioning or describing
also the place of abode of such plaintiff or defendant.

c. 108. An Act to amend an Act of the Sixth
in part. Year of Her present Majesty, intituled
An Act to regulate the Irish Fisheries; in part;
and to empower the Constabulary namely—
Force to enforce certain Provisions
respecting the Irish Fisheries
Section Nine.

c. 109. An Act to indemnify Persons connected with Art
Unions, and others, against certain Penalties.

Regulæ Generales.

SUPREME COURT OF NEW ZEALAND.

WHEREAS by "The Imprisonment for Debt
Abolition Act, 1874," (hereinafter referred to
as "the said Act,") it is enacted that in the said
Act the term "prescribed" means, as respects the
Supreme Court, prescribed by General Rules or
Orders to be made in pursuance of "The Supreme
Court Act, 1860," or any Acts altering or amending
the same:

And whereas by "The Supreme Court Act, 1860,"
it is enacted that it shall be lawful for the Judges of
the Supreme Court, amongst other things, from time
to time to make such additional rules touching the
practice, pleading, and procedure of the Court in all
matters, both civil and criminal, as the Judges may
deem advisable:

Now therefore, by virtue of the powers vested in
us by the said Act and by "The Supreme Court Act,
1860," it is ordered by us, the Judges of the said
Court, that the following General Rules shall come
into and be in force on and after the fifteenth day of
January, 1875.

COMMITTAL TO PRISON, UNDER THE PROVISIONS
OF "THE IMPRISONMENT FOR DEBT ABOLI-
TION ACT, 1874."

  1. All applications to commit to prison under
    sections five, six, and seven of the said Act shall, in
    the first instance, be made by summons before a
    Judge, which shall specify the date and other par-
    ticulars of the judgment or order for non-payment
    of which the application is made, together with the
    amount due, and be indorsed with the name and
    place of abode or office of business of the solicitor
    actually applying for the summons; and when such
    solicitor shall apply for the same as agent for
    any other solicitor, the name and place of abode of
    such other solicitor shall also be indorsed on the
    summons; and in case no solicitor shall be employed
    to apply for the summons, then it shall be indorsed

  2. The service of the summons, wherever it may
    be practicable, shall be personal; but if it appear to
    the Judge that reasonable efforts have been made to
    effect personal service, and either that the summons
    has come to the knowledge of the debtor, or that he
    wilfully evades service, an order may be made as if
    personal service had been effected, upon such terms
    as to the Judge may seem fit.

  3. Proof of the means of the debtor, or other
    matters specified in the subsections of section six of
    the said Act shall, whenever practicable, be given by
    affidavit; but if it appear to the Judge, either before
    or at the hearing, that a viva voce examination, either
    of the debtor or of any other person, or the produc-
    tion of any document, is necessary or expedient, an
    order may be made commanding the attendance of
    any such person before the Judge, at a time and
    place to be therein mentioned, for the purpose of
    being examined on oath touching the matter in ques-
    tion, and (where the production of any document is
    necessary or expedient) for the production of any
    such document, subject to such terms and conditions
    as to the Judge may seem fit.

  4. The order of committal (which may be in the
    form A in the Schedule, or to the like effect) shall,
    before delivery to the Sheriff, be indorsed with the
    particulars required by Rule 1 of these Rules.
    Concurrent orders may be issued for execution in
    different Sheriff's districts. The Sheriff and officer
    shall be entitled to the same fees in respect thereof as
    are now payable upon a capias ad satisfaciendum.

  5. Upon payment of the sum or sums mentioned
    in the order (including the Sheriff's fees in like
    manner as upon a capias ad satisfaciendum), the debtor
    shall be entitled to a certificate in the form B in the
    Schedule, or to the like effect, signed by the solicitor
    in the cause of the creditor, or signed by the
    creditor, and attested by a solicitor on his behalf,
    or a Justice of the Peace.

  6. Orders to arrest under the fifteenth section of the
    said Act (which may be in the form C in the Schedule,
    or to the like effect) shall be made upon affidavit and
    ex parte; but the defendant shall be at liberty, at
    any time after the arrest, to apply to rescind or vary
    the order, or to be discharged from custody, or for
    such other relief as may be just; such orders shall,
    before delivery to the Sheriff, be indorsed with the
    particulars required by Rule 1 of these Rules. Con-
    current orders may be issued for arrest in different
    Sheriff's districts. The Sheriff and officer shall be en-
    titled to the same fees in respect thereof as are now
    payable upon a capias.

  7. The security to be given by the defendant may
    be a deposit in Court of the amount mentioned in
    the order, or a bond to the plaintiff by the defendant
    and two sufficient sureties (or, with leave of a Judge,
    more than two), or with the plaintiff's consent, any
    other form of security. The plaintiff may, within
    four days after receiving particulars of the names
    and addresses of the proposed sureties, and the form
    of the proposed bond, give notice that he objects
    thereto, stating therein in what particulars; and
    in case of his so doing, the sufficiency of the
    security shall be determined by the Registrar,
    who shall have power to award the costs of such
    reference to either party. It shall be the plaintiff's
    duty to obtain an appointment for that purpose;
    and unless he does so within four days after giving
    notice of objection, the security shall be deemed
    sufficient.

  8. The money deposited, and the security, and all
    proceedings thereon, shall be subject to the order
    and control of the Court, or a Judge.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1875, No 2





✨ LLM interpretation of page content

🏛️ Continuation of Amendments to Schedules A, B, and C of an Act (continued from previous page)

🏛️ Governance & Central Administration
Legislation, Schedule amendments, Imperial Acts, Procedure, Memorandum
9 names identified
  • Richard Marlow (Mr.), Inclusion/Exclusion in Schedule amendment
  • Robert Cooper (Mr.), Inclusion/Exclusion in Schedule amendment
  • David Plunket (The Honourable), Inclusion/Exclusion in Schedule amendment
  • William M. Mee (Mr.), Inclusion/Exclusion in Schedule amendment
  • John Clancy (Mr.), Inclusion/Exclusion in Schedule amendment
  • James Lynam (Mr.), Inclusion/Exclusion in Schedule amendment
  • Robert Hitchcock (Esquire), Inclusion/Exclusion in Schedule amendment
  • Arthur Greene (Mr.), Inclusion/Exclusion in Schedule amendment
  • William Yeo (Mr.), Inclusion/Exclusion in Schedule amendment

🏛️ References to Acts concerning Irish Fisheries and Art Unions

🏛️ Governance & Central Administration
Legislation, Imperial Acts, Irish Fisheries, Art Unions, Penalties

⚖️ Supreme Court General Rules for Imprisonment for Debt Abolition Act, 1874

⚖️ Justice & Law Enforcement
Supreme Court, General Rules, Procedure, Committal, Debt, Sheriff, Affidavit