ruptcy Acts for the time being in force have been complied with, and shall at the same time give notice to the judgment creditor of the filing of the affidavit, no such order shall issue.

24. Where a judgment debtor is arrested he may, according to the tenor of the order or warrant of committal, file in the Magistrate's Court within the district in which he is in custody an affidavit as mentioned in the last foregoing rule, and give the notice to the judgment creditor thereof, as therein required; and thereupon the judgment debtor shall be discharged out of custody upon the certificate of the Clerk of such Court. Such certificate shall be according to the form (12) in the First Schedule hereto.

Costs.

25. The costs which shall be payable by a person imprisoned under the Act shall be the fees specified in the Second Schedule hereto, and such fees shall be deemed to be the prescribed costs referred to in section 13 of the Act.

26. All costs incurred by the plaintiff in endeavouring to enforce an order or judgment shall be deemed to be due in pursuance of such order or judgment, under section 5 of the Act.

FIRST SCHEDULE.

[I. Debt 1.

APPLICATION FOR JUDGMENT SUMMONS.

"The Imprisonment for Debt Abolition Act, 1874."

A.B., Plaintiff.

C.D., Defendant [Address and description of plaintiff and defendant to be added where judgment that of any other Court].

I apply for the issue of a judgment summons against the said defendant in respect of a judgment [or order] of this Court [or of (Here set forth the style or other sufficient description of the Court which gave the judgment or made the order)], given [or made] on the day of , 18 , for £

And I undertake to prove to the satisfaction of the Court at the hearing that the said defendant has or has had since the date of the said judgment [or order] the means to pay the sum so recovered against him, and that he has refused or neglected, or refuses or neglects, to pay the said sum [or (specify any other of the matters mentioned in subsections (4) and (5) of section 8 of the Act)].

And I am aware that if I do not prove the same accordingly that I shall have to pay the cost of this summons.

Plaintiff [or]

Agent for Plaintiff.

Witness to signature:

[I. Debt 2.

AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT.

"The Imprisonment for Debt Abolition Act, 1874."

In the Court of , holden at .

Between A.B., Plaintiff [address, description],

and

C.D., Defendant [address, description].

I, , the above-named plaintiff, make oath and say,—

1. That on the day of , 18 , I obtained a judgment [or decree, or order] in [Here set forth the style of the Court in which judgment, decree, or order obtained] against , the above-named defendant, for the payment of the sum of .

2. That there is still due on the said judgment [or order, or decree] the sum of .

Sworn at this

day of , 18 ,

before me—

[I. Debt 3.

JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT OF A MAGISTRATE'S COURT.

"The Imprisonment for Debt Abolition Act, 1874."

In the Resident Magistrate's Court holden at .

No. of Plaint,

No. of Judgment Summons,

Between A.B., Plaintiff [address, description],

and

C.D., Defendant [present address and description, and, if known, place of employment].

WHEREAS the plaintiff obtained a judgment [or, if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above-named defendant, in the Resident Magistrate's Court of holden at , on the day of , 18 , for the payment of £ for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to £

And whereas it appears you have made default in payment of the sum payable in pursuance of the said judgment [or order], and that there is now due and owing thereunder to the plaintiff the sum of £

You are therefore hereby summoned to appear personally in this Court at [place where Court holden], on the day of , 18 , at the hour of in the noon, to be examined on oath by the Court touching the means you have or have had since the date of the judgment [or order] to satisfy the sum payable in pursuance of the said judgment [or order] [or (specifying such of the matters mentioned in subsections (4) and (5) of section 8 of the Act as are specified in the application for judgment summons)]; and also to show cause why you should not be committed to prison for such default.

Dated this day of , 18 .

Clerk of the Court.

£ s. d.

Amount of judgment [or order] and costs ..

Costs of warrant against the goods, if any ..

Costs of previous judgment summons, hearing, and commitment ..

Deduct { Paid into Court .. ..

Amounts which were not required to have been paid before the date of summons .. .. ..

Sum payable .. .. .. ..

Cost of the summons .. .. .. ..

Amount upon the payment of which no further proceedings will be had until default in payment of next instalment .. ..

(Indorsement.)

I, , bailiff of the Resident Magistrate's Court at , do swear that I duly served the within named with a summons, a true copy of which is within written, by delivering the same to him personally at on the day of , 18 .

Sworn at this

day of , 18 ,

before me—

Bailiff.

Clerk of Court.

[I. Debt 4.

JUDGMENT SUMMONS ON ORDER OR JUDGMENT OF A COURT OTHER THAN A MAGISTRATE'S COURT.

"The Imprisonment for Debt Abolition Act, 1874."

In the [title of Court issuing summons].

No. of Judgment Summons .

Between A.B., Plaintiff [address and description],

and

C.D., Defendant [present address, description, and, if known, place of employment].

WHEREAS the plaintiff obtained a judgment against the defendant in the Court of holden at on the day of , 18 , for the sum of £

[Or, Whereas by a decree (or order) made by the Court of holden at , on the day of , 18 , the defendant was ordered to pay to the plaintiff the sum of £

And whereas it appears you have made default in payment of the sum payable in pursuance of the said judgment [decree or order], and that there is now due and owing thereunder to the plaintiff the sum of £

You are therefore hereby summoned to appear personally in this Court at [place where Court holden], on the day of , 18 , at the hour of in the noon, to be examined on oath by the Court touching the means you have or have had since the date of the said judgment [decree or order] to pay the said sum in payment of which you have made default [or (specifying such of the matters mentioned in subsections (4) and (5) of section 8 of the Act as are specified in the application for judgment summons)]; and also to show cause why you should not be committed to prison for such default.

Dated this day of , 18 .

Clerk of the Court.

£ s. d.

Amount of judgment or order remaining due ..

Cost of this summons .. .. ..

Total sum due .. .. ..