JULY 3.] THE NEW ZEALAND GAZETTE. 759

days is prescribed for doing any act, or for any other purpose, the same shall be reckoned exclusive both of the first day and of the last day; the word “person” shall include a body politic or corporate, and every word importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number, and words importing the masculine gender only shall include females.

“Magistrate’s Court” shall include any Resident Magistrate’s Court, or any Resident Magistrate or Justices acting under “The Resident Magistrates Act, 1867,” or any Act amending the same.

“District Court” shall mean any Court constituted under “The District Courts Act, 1858,” or the Acts amending the same.

Judgment Summons.

1. No order under section 8 of the Act shall be made unless a summons to appear and be examined on oath (hereinafter called a “judgment summons”) shall have been personally served upon the judgment debtor.

2. A judgment summons shall be issued only by a Magistrate’s Court when the debtor resides or carries on business within its district, unless leave of such Court or of a Resident Magistrate has been first obtained.

3. An application by a judgment creditor for the issue of a judgment summons under the Act shall be in writing, signed by the applicant or his agent, according to the form (1) in the First Schedule hereto, and accompanied by an affidavit in the form (2) in the said Schedule.

4. When a judgment creditor desires to apply for a judgment summons to a Magistrate’s Court other than the Magistrate’s Court in which the order or judgment was obtained, he shall obtain from the Clerk of the Magistrate’s Court in which the order or judgment was obtained a certified copy of the order or judgment in the cause, and file the same with his application.

5. In any case where the judgment debtor resides or carries on business more than five miles from the Court out of which a judgment summons is sought, the application for such summons shall be accompanied by a tender of expenses. The amount to be deposited shall be sufficient, in the opinion of the Clerk of such Court, to enable the judgment debtor to attend and return from the hearing of such summons, and to provide maintenance for the debtor during such attendance. The Clerk of any Court may decline to issue a judgment summons until such expenses are deposited with the application as aforesaid. The amount so deposited shall (unless the Court otherwise orders) form part of the costs of the judgment summons for all purposes.

6. Every judgment summons on an order or judgment of a Magistrate’s Court shall be according to the form (3) in the First Schedule, and be issued not less than ten clear days, and be served not less than five clear days, before the day on which the judgment debtor is required to appear, except in the case provided for by rule 9 of these rules.

7. Where a party desires to enforce, by commitment in any Magistrate’s Court, a judgment, decree, or order of a District Court or of the Supreme Court, he shall obtain from such District or Supreme Court, as the case may be, a copy of such judgment, decree, or order certified by the Registrar or Clerk of the Court, and shall file such copy, together with an affidavit in the form (2) in the First Schedule hereto, with the Clerk of the Magistrate’s Court to which the application for the judgment summons is made.

8. The Clerk of the Magistrate’s Court to which the application for a judgment summons is made shall, in such last-mentioned cases, upon delivery to him of the certified copy of the judgment, decree, or order of the Supreme Court or District Court, as the case may be, file the same, and issue thereon a judgment summons in the form (4) in the First Schedule hereto.

9. Where the person applying for the judgment summons shall state to the Clerk of the Magistrate’s Court that the judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing: Provided that the Magistrate’s Court shall not act upon a summons issued under this rule unless at the hearing such Court is satisfied, by evidence on oath, that at the time of the application for the judgment summons the judgment debtor was about to remove from his dwelling or place of business, or was keeping out of the way to avoid service, in either of which cases service upon such debtor at any time before the time appointed for his appearance shall be sufficient.

10. The hearing of a judgment summons may be adjourned from time to time.

11. Any witness may be summoned to give evidence upon such hearing, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint. Every such summons shall be according to the form (5) in the First Schedule hereto.

12. Upon the issue of a judgment summons against a party upon an order or judgment of a Magistrate’s Court issuing the judgment summons, the bailiff of such Court shall return into the Court any warrant of execution against the goods of such party which may have been issued in the cause.

13. Where a judgment summons is heard in a Magistrate’s Court other than the Court in which the order or judgment was obtained, and an order is made by the Court in which the judgment summons is heard altering the terms of the order or judgment, all payments under the new order shall be made into, and execution thereupon against the goods shall be issued by, the Court which has so altered the order. Such order shall be in the form (6) in the First Schedule.

14. Where a certified copy of a judgment is obtained from the Clerk of a Magistrate’s Court, or District Court, or Registrar of the Supreme Court, such Clerk or Registrar shall make on the minute of the judgment a memorandum of having given such certificate; and no warrant of execution against the goods, or judgment summons upon such judgment, shall issue from such Court unless it be shown to the satisfaction of the Court or to the Clerk or Registrar of such Court that no order has been made against the execution debtor in any other Court.

Order upon a Judgment Summons, Warrant of Committal, &c.

15. An order made under section 8 of the Act on an order or judgment of a Magistrate’s Court shall be according to the form (7) in the First Schedule, and an order made under the Act on an order or judgment of a Court other than a Magistrate’s Court shall be in the form (8) in the said Schedule; and every such order shall, on whatever day it may be issued from the Clerk’s office, bear date on the day on which the order on the judgment summons was made, and shall continue in force for one year from such date and no longer.

16. When an order on a judgment summons has been made, the judgment debtor may, at any time before his body is delivered into the custody of the Gaoler, pay to the bailiff the amount indorsed on the order as that on the payment of which he may be discharged; and on receiving such amount the bailiff shall discharge such debtor, and shall, within twenty-four hours after receiving such amount, pay over the same to the Clerk of the Magistrate’s Court of which he is an officer.

17. The sum indorsed upon the order on a judgment summons, or indorsed upon the warrant of committal, as that upon payment of which the prisoner may be discharged may be paid to the Clerk of the Court from which the order or warrant was issued, or to the Gaoler in whose custody the prisoner is. Where it is paid to the Clerk, he shall sign and seal a certificate of such payment, and, upon receiving such certificate, by post or otherwise, the Gaoler in whose custody the prisoner shall then be shall forthwith discharge such prisoner. And where it is paid to the Gaoler, he shall, upon payment to him by post-office order of such amount, together with costs sufficient to pay for transmitting such amount to the Court under the order of which the prisoner was committed, sign a certificate of such payment, and discharge the prisoner, and such costs of transmission shall be part of the prescribed costs.

18. A certificate as to payment by a prisoner shall be according to the form (9) in the First Schedule.

19. Orders upon a judgment summons against the same party may be issued concurrently into more than one district: Provided that the cost of one order only shall be allowed unless the Court shall otherwise direct.

20. The warrant to be issued by the Chief Clerk of a Magistrate’s Court under the provisions of section 11 of the Act shall be in the form (10) set out in the First Schedule hereto; and such warrant shall be deemed to be the “warrant in the prescribed form” required to be issued under the said section.

21. No warrant of committal shall be issued against a judgment debtor unless the order made at the hearing of the judgment summons has been drawn up and served upon such debtor: Provided that, where it is shown to the satisfaction of the Court or a Resident Magistrate that the debtor is keeping out of the way to avoid service of such order, service may be dispensed with, and the Court or Resident Magistrate shall direct accordingly.

22. Where a judgment debtor shall, upon the return day of a judgment summons, satisfy the Court that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that, in respect of the debt, the provisions of the Bankruptcy Acts for the time being in force have been complied with, no order of commitment shall be made.

23. Where a judgment debtor shall, after the making of an order upon a judgment summons against him, and before its issue, file in the Magistrate’s Court in which the order was made an affidavit, according to the form (11) in the First Schedule, stating that he has been adjudicated a bankrupt, that the debt was provable in the bankruptcy, and that, in respect of the judgment debt, the provisions of the Bank-