✨ Legal Forms and Orders
JULY 31.] THE NEW ZEALAND GAZETTE. 873
Amount on judgment or order remaining due ..
Cost of judgment summons and its hearing ..
£ s. d.
£
[I. Debt 7
ORDER ON A JUDGMENT SUMMONS.
"The Imprisonment for Debt Abolition Act, 1874."
In the Resident Magistrate's Court held 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
, 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 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 be-
fore the
day of
, 18
, or by instalments
of £
on the
day of each
, commenc-
ing on the
day of
, 18
] the sum stated
below as that upon the payment of which he is to be dis-
charged, 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," 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
, held at
Between A.B., Plaintiff,
and
C.D., Defendant.
I,
, bailiff of the Resident Magistrate's Court held
at
, do hereby make oath and say,--
- 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 held 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], held
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), held 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:
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 sum-
mons 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, unless the defendant
shall pay into this Court at
[forthwith, or on or be-
fore the
day of
, 18
, or by instalments of
£
on the
day of each
, commencing
on the
day of
, 18
] the sum [s] so due and
payable as aforesaid, together with the prescribed costs, or
shall file such affidavit as is mentioned in Rule 23 of the
Rules for Resident Magistrates' Courts under "The Imprison-
ment for Debt Abolition Act, 1874," he shall be committed
to the public prison at
, known as
, for
.
Given under my hand this
day of
, 18
.
.....................
Resident Magistrate.
£ s. d.
Amount of judgment or order remaining due ..
Cost of judgment summons .. .. ..
Amount upon the payment of which the prisoner
is to be discharged .. .. .. ..
(Subject as above, this order remains in force one year
from the date thereof.)
(Indorsement.)
In the
Court of
, held at
Between A.B., Plaintiff,
and
C.D., Defendant.
I,
, bailiff of the Resident Magistrate's Court held
at
, do hereby make oath and say,--
- That I duly served the within
, the defendant,
with an order of commitment, a true copy of which said
order appears on the other side hereof, marked "A," by de-
livering the same to him personally at
, on the
day of
, 18
.
Sworn at
, this
day of
, 18
,
before me--
[I. Debt 9.
CERTIFICATE AS TO PAYMENT BY A DEFENDANT.
"The Imprisonment for Debt Abolition Act, 1874."
I HEREBY certify that the defendant, who was committed to
my [or your] custody by virtue of a warrant of commitment
issued out of this Court [or of the
Court of
,
held at
], bearing date the
day of
,
18
, has paid and satisfied the sum of money for the non-
payment whereof he was so committed, together with all
costs due and payable by him in respect thereof; and that
the defendant may, in respect of such order, be forthwith
discharged out of my [or your] custody.
Given under my hand [or the seal of the Court] this
day of
, 18
.
.....................
Gaoler [or Clerk of the
Court
held at
].
To
.
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✨ LLM interpretation of page content
⚖️ Order on a Judgment Summons
⚖️ Justice & Law EnforcementJudgment Summons, Imprisonment for Debt Abolition Act, Resident Magistrate's Court
⚖️ Order of Commitment on Judgment
⚖️ Justice & Law EnforcementOrder of Commitment, Judgment, Resident Magistrate's Court
⚖️ Certificate of Payment by Defendant
⚖️ Justice & Law EnforcementCertificate, Payment, Imprisonment for Debt Abolition Act
NZ Gazette 1890, No 42