Court Rules Proclamation




THE NEW ZEALAND GAZETTE. 493

Magistrates' Courts, under the authority of the said
Acts, and it is expedient that the rules, orders, and
forms hereinafter mentioned should be made and
prescribed, in addition to the rules, orders, and forms
already in force:

Now therefore, I, George Augustus Constantine,
Marquis of Normanby, the Governor of the Colony
of New Zealand, in pursuance and exercise of the
powers and authority conferred upon me by the said
hereinbefore recited provisions of the said Acts, do
hereby make the general rules and orders, and pre-
scribe the forms, set forth in the Schedule hereto.

As witness the hand of His Excellency the
Governor, this nineteenth day of July,
one thousand eight hundred and seventy-
five.

CHARLES C. BOWEN.

SCHEDULE.

  1. "The Order of Commitment" (8,) and "The
    Order of Commitment on an order or judgment of a
    Court other than a Resident Magistrate's Court"
    (8A,) of the forms in the Schedule to the Order in
    Council of the thirteenth day of October, one thou-
    sand eight hundred and seventy-four, making and pre-
    scribing rules for Resident Magistrates' Courts under
    the said Act, shall be and the same are hereby repealed,
    and the forms hereunder set out, lettered respectively
    A and B, are hereby substituted in lieu of the said
    forms No. 8 and No. 8A respectively.

  2. The warrant to be issued by the Clerk upon
    default being made in payment of the money and costs
    mentioned in the order of committal under the 11th
    section of the said Act, shall be in the form set out
    hereunder, lettered "C," and such warrant shall, for
    the purposes of the said section, be deemed to be the
    "warrant in the prescribed form" required to be
    issued under the said section.

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 Resident Magistrate's 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 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
of
day
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:

£ s. d.
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

B.-ORDER OF COMMITMENT ON AN ORDER OR JUDGMENT OF
A COURT OTHER THAN A RESIDENT MAGISTRATE'S 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] 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
, 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 sum 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 Resident Magistrates' Courts under "The Imprisonment for
Debt Abolition Act, 1874," of October 1874.

Given under my hand this
187
day of
,
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
£ s. d.

This order remains in force one year from the date thereof.

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.

Given under my hand this
187
day of
,
E.F.,
Clerk of the Court.

C.

In the Resident Magistrate's Court of
holden at
To
, the Bailiff of the Resident Magistrate's 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 Resident Magistrates'



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VUW Te Waharoa PDF NZ Gazette 1875, No 43





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⚖️ Proclamation of New Rules and Forms under Imprisonment for Debt Abolition Act (continued from previous page)

⚖️ Justice & Law Enforcement
19 July 1875
Imprisonment for Debt Abolition Act 1874, Rules, Forms, Commitment Order, Magistrates' Courts, Supreme Court, Procedure
  • George Augustus Constantine, Marquis of Normanby, Governor of the Colony of New Zealand
  • Charles C. Bowen