JULY 3.] THE NEW ZEALAND GAZETTE. 761
[I. Debt 5.
SUMMONS TO WITNESS.
"The Imprisonment for Debt Abolition Act, 1874."
In the Court of , holden at .
In the matter of a judgment summons bearing date
the day of , 18 .
Between A.B., Plaintiff,
and
C.D., Defendant.
You are hereby required to attend at the Courthouse,
at , on , the day of , 18 , at the hour
of in the noon, to give evidence in the above matter
on behalf of the plaintiff [or defendant], and then and there
to have and produce [Here state any particular documents
required], and all other books, papers, writings, and other
documents relating to the said matter which may be in your
custody, possession, or control. In default of your attend-
ance, you will be liable to a penalty of ten pounds.
Dated this day of , 18 .
To
of .
Clerk of the Court.
[I. Debt 6.
ORDER UPON A JUDGMENT SUMMONS ALTERING ORIGINAL
ORDER OR JUDGMENT.
"The Imprisonment for Debt Abolition Act, 1874."
In the [title of Court issuing summons].
No. of Plaint,
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 [or order]
against the defendant in the Magistrate's Court of
holden at , on the day of , 18 , for
the payment of £ , together with £ for costs,
and in payment thereof [or of part thereof] the
defendant hath made default:
[Or, Whereas the plaintiff obtained a judgment against
the defendant in the Supreme Court (or as the case may be),
on the day of , 18 , 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
18 , 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 plain-
tiff, duly issued out of this Court, by which the defendant
was required to appear personally at this Court on the
day of , 18 , to be examined on oath touching the
means he had then, or had had since the date of the judg-
ment [or order], to pay the said sum [or (specifying such of
the matters mentioned in subsections (4) and (5) of section
8 of the Act as were specified in the summons)]; which
summons was proved to this Court to have been duly served
on the defendant:
Now, therefore, it is ordered that the defendant do pay the amount
still due on the said judgment, and
the costs of the said summons and
its hearing, as stated at the foot of
this order, to the Clerk of this Court
[by instalments of £ for
every days; the first pay-
ment to be made], on the
day of , 18 .
Given under the seal of the Court, on this day
of , 18 .
Resident Magistrate.
£ s. d.
Amount on judgment or order remaining due..
Cost of judgment summons, and its hearing ..
[I. Debt 7.
ORDER ON A JUDGMENT SUMMONS.
"The Imprisonment for Debt Abolition Act, 1874."
In the Resident Magistrate's Court holden at
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
18 , 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 pay-
ment of the amount [or (the ) instalment of £ ,
as the case may be] due and 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 defend-
ant was required to appear personally at this Court, on
the day of , 18 , to be examined on oath
touching [Here quote the exact words 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 duly served on the defendant:
And whereas, at the hearing of the said summons (it
has been proved to the satisfaction of the Court that)
[Here specify such of the matters stated in the summons as
have been proved] [If defendant does not appear, strike out
the words in parentheses and say, the defendant did not
appear as required by such summons, nor allege a sufficient
cause for not attending], and the defendant has shown no
cause why he should not be committed to prison:
Now, therefore, it is ordered that unless the defendant
shall pay into this Court at [forthwith, or on or
before the day of , 18 , or by instalments
of £ on the day of each , commencing
on the day of , 18 ] 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 Magistrate's Courts under "The Im-
prisonment for Debt Abolition Act, 1874," he shall be
committed to the public prison at known as the
, for
Given under my hand this day of , 18 .
Resident Magistrate.
£ s. d.
Amount of judgment or order remaining due
Costs of judgment summons
Total sum upon payment of which the pri-
soner will be discharged
(Subject as above, this order remains in force for one year
from the date hereof.)
(Indorsement.)
In the Court of , holden at
Between A.B., Plaintiff,
and
C.D., Defendant.
I, , bailiff of the Resident Magistrate's Court holden
at , do hereby make oath and say,--

1. That I duly served the within , the defendant,
   with an order on a judgment summons, a true copy of which
   said order appears on the other side hereof, marked "A.," by
   delivering the same to him personally at , on the
   day of , 18 .
   Sworn at , this
   day of , 18 ,
   before me.
   [I. Debt 8.
   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 Resident Magistrate's Court holden at
   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 Court [or as the case may be], holden
   at , on the day of , 18 , 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
   Court (or as the case may be), holden at , on the
   day of , 18 , 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 plain-
   tiff, duly issued out of this Court by which the defendant
   was required to appear personally at this Court on the
   day of , 18 , to be examined on oath touching
   [Here specify such of the matters as were stated in the sum-
   mons], which summons was proved to this Court to have
   been duly served on the defendant: