874
THE NEW ZEALAND GAZETTE.
[No. 42

WARRANT OF COMMITTAL.

In the Resident Magistrate’s Court of __, holden at __.
To __, the bailiff of the Resident Magistrate’s Court of __, and to __, the Gaoler or keeper of the prison at __, known as __.

GREETING :
Between A.B., Plaintiff,
and
C.D., Defendant.

WHEREAS by an order bearing date the __ day of __, 18, and issued out of this Court, it was ordered that, unless the defendant should pay into this Court, at [Copy exact terms of order], the sum [s] so due and payable as aforesaid, together with the prescribed costs, or should 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 should be committed to the public prison at __, known as __, for __:
And whereas such order was duly served on the defendant upon the __ day of __, 18:
And whereas the defendant has not paid the sum [s] in the said order mentioned in the manner therein directed, but therein has made default; and there is now due and owing under the said order the sum stated below:
These are therefore to require you, the said __, and others, to take the defendant and deliver him to the Gaoler or keeper of the prison known as __, at __, and you, the said Gaoler or keeper, to receive the defendant, and him safely keep in the said prison for __ from the date of his arrest under the said order, unless he shall sooner pay the sum stated below as that upon payment of which he is to be discharged, or be otherwise discharged by due course of law.
Given under my hand this __ day of __, 18____.

Chief Clerk of the Court.

£ s. d.
Amount of judgment summons remaining due ..
Costs of warrant of committal.. .. ..

Amount upon the payment of which the defendant is to be discharged .. .. ..

AFFIDAVIT (AS TO BANKRUPTCY).

“The Imprisonment for Debt Abolition Act, 1874.”

In the __ Court of __, holden at __.
Between A.B., Plaintiff,
and
C.D., Defendant.

I, C.D., of __, make oath and say,–

1. That under “The Imprisonment for Debt Abolition Act, 1874,” a warrant for my committal to prison was made by the above Court [or the __ Court of __, holden at __], for making default in payment of £__, due from me in pursuance of an order [or judgment] of the [Here insert the Court in which order or judgment was given].
2. That on the __ day of __, 18____, I was adjudicated a bankrupt by the [Here insert title of Court by which adjudication was made].
3. That the order of adjudication was published in the [Naming the newspaper] on the __ day of __, 18____.
4. That the debt in respect of which the above order [or judgment] was given was provable under the said bankruptcy.

Sworn at __, this __ day of __, 18____, before me—

C.D.

CERTIFICATE.

“The Imprisonment for Debt Abolition Act, 1874.”

In the __ Court of __, holden at __.
Between A.B., Plaintiff,
and
C.D., Defendant.

I HEREBY certify that the defendant, who was committed to your custody by virtue of a warrant of committal issued out of the __ Court of __, holden at __, bearing date the __ day of __, 18, has filed an affidavit in this Court stating that he has been duly adjudged a bankrupt, and that the debt in respect of which the said warrant of committal was made was provable under the said bankruptcy. And I do further certify that the defendant may, in respect of such order, be forthwith discharged out of your custody.
Given under the seal of the Court this __ day of __, 18____.

Registrar [or Clerk] of the Court.

To the Gaoler or Keeper of the Prison at __.

SECOND SCHEDULE.

TABLE OF FEES TO BE TAKEN IN THE RESIDENT MAGISTRATES’ COURTS UNDER “THE IMPRISONMENT FOR DEBT ABOLITION ACT, 1874.”

On Amount unpaid not exceeding
£5 | £10 | £20 | £50 | £100
---|---|---|---|---
s. | s. | s. | s. | s.
Summons, service, hearing, and order .. | 5 | 8 | 15 | 20 | 30
Summons for each witness .. | 3 | 3 | 3 | 3 | 3
Service of summons to witness within two miles of Court .. | 2 | 2 | 2 | 2 | 2
Adjournment of hearing on application of either party .. | 1 | 2 | 3 | 4 | 5
Warrant of committal .. | 3 | 4 | 5 | 6 | 7
Certificate or order for discharge .. | 2 | 4 | 6 | 8 | 10
Certificated copy of order or judgment .. | 2 | 3 | 4 | 5 | 6

Mileage for service of any summons or order, 1s. a mile beyond two miles from the Courthouse or police-station from which the summons is last issued for service to the residence or place of business of defendant, or actual expenses, at the discretion of the Resident Magistrate.

Mileage for execution of any warrant, 1s. a mile from the Courthouse from which the warrant is executed to residence of defendant, or actual expenses, at the discretion of the Resident Magistrate; and actual expenses of bailiff and defendant from the place of arrest to the prison named in the warrant, and of the bailiff from the said prison to his residence.

Notice of Intention to change the Purpose of a Portion of a Reserve.

ONSLLOW, Governor.

WHEREAS by “The Public Reserves Act, 1881,” it is, amongst other things, enacted that the Governor may declare his intention to make, change, exchange, or alter the dedication of any public reserve now or hereafter vested in Her Majesty or the Governor for any of the purposes named in Class II. of the Schedule to the said Act, whether the same be granted or not; and, in the case of any reserves made under the authority of section two hundred and twenty-seven of “The Land Act, 1885,” if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserves or any part thereof from the purpose or presumed purpose for which it was set apart to any other purpose, or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more purposes named in the said Class II., the Governor may, by notice in the Gazette, declare his intention to make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms in which the same is intended to be so made:

Now, therefore, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, do hereby, in exercise and pursuance of the powers and authorities vested in me by “The Public Reserves Act, 1881,” aforesaid, declare my intention to change the specific purpose of a portion of the reserve described in the first column of the Schedule hereto, the area of which is described in the second column of the said Schedule, to the specific purpose set opposite such description in the third column of the said Schedule.