872
THE NEW ZEALAND GAZETTE.
[No. 42

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 held 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 judg-
ment 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
held 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 person-
ally 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 touch-
ing 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 judg-
ment summons)]; and also to show cause why you should not
be committed to prison for such default.

Dated this
day
, 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
..
..
..

{
Paid into Court
..
..
Amounts which were not re-
quired to have been paid
before the date of sum-
mons
..
..
..
}
Deduct

Sum payable
..
..
..
..
Cost of the summons
..
..
..

Amount upon the payment of which no further
proceedings will be had until default in pay-
ment 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
.
Bailiff.

Sworn at
this
}
day of
, 18
,
before me—
}
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
held at
on the
day of
, 18
, for the sum of £
:

[Or, Whereas by a decree (or order) made by the
Court of
, held 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 pay-
ment 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 person-

[I. Debt 3.
ally 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 touch-
ing 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 sec-
tion 8 of the Act as are specified in the application for judg-
ment 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
..
..
..

[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
, held 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
.

Acknowledgment of Pay-
ment into Court.

Resident Magistrate.