492

THE NEW ZEALAND GAZETTE.

A.-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.

WHEREAS the plaintiff obtained a judgment [or order] against
the defendant in the District Court of
holden at
day of
187
, for the pay-
ment of £
for debt [or damages] and costs, and sub-
sequent 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
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 District Courts under "The Imprison-
ment for Debt Abolition Act, 1874," of January, 1875.
Given under the Seal of the Court, 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 sums upon payment of which the prisoner
will be discharged
S.
d.

B.-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.

WHEREAS the plaintiff obtained a judgment against the de-
fendant in the Supreme Court [or as the case may be]
day of
on the
, 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 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 January, 1875.
Given under the Seal of the Court this [Insert date of
order] day of
187
E.F.,
Clerk of the Court.
Amount of judgment or order remaining due
Costs of judgment summons and poundage on
this order
Amount upon the payment of which the prisoner
is to be discharged
This order remains in force one year from the date thereof.

C.
In the District Court of
To
, holden at
, the Bailiff of the District Court of
, and
to
, the Governor or Keeper of the Gaol at
Greeting:
Between A.B., Plaintiff,
and
C.D., Defendant.

WHEREAS by an order of commitment bearing date the
day of
, 187 , and issued out of this Court, it is
ordered that the defendant shall be committed to prison for
days, unless he shall sooner pay the sums in pay-
ment of which he has made default, together with the pre-
scribed costs therein mentioned, or shall file such affidavit as is
mentioned in Rule 23 of the Rules for District Courts under
"The Imprisonment for Debt Abolition Act, 1874," of January,
1875:
and
These are therefore to require you the said
others to take the defendant and deliver him to the Governor
or Keeper of the
Prison, 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 the said
order of commitment, or until he shall be sooner discharged
by due course of law.
Given under the Seal of the Court this
, 187
day of
Clerk of the Court.

Rules for Resident Magistrates' Courts under "Im-
prisonment for Debt Abolition Act, 1874."

NORMANBY, Governor.

WHEREOF 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 Resident
Magistrates' Courts and Courts of Petty Sessions
and Justices of the Peace acting under "The Resi-
dent Magistrates Act, 1867," or any Acts amending
the same, prescribed by general rules or orders to be
made by the Governor in like manner as he is now
authorized under the said Acts to frame and estab-
lish general rules for the purposes thereof; and it is
also by the said Act provided that general rules and
orders may, as respects the said Courts, Petty
Sessions, and Justices so acting as aforesaid, be
made by the Governor for the purpose of carrying
the said Act into effect:
And whereas by "The Resident Magistrates Act,
1867," it is provided that in all cases not therein
specially provided for, the Governor may from time
to time frame and establish general rules and orders
regulating the practice and forms of all proceedings
in Courts under the said last-mentioned Act; and
that such Rules and Orders shall be published in the
New Zealand Gazette, and when so published shall
have the force of law:
And whereas by an order under my hand, bearing
date the thirteenth day of October, one thousand
eight hundred and seventy-four, I did make and
prescribe certain rules, orders, and forms for Resident