538
THE NEW ZEALAND GAZETTE.
[No. 30

Rules for Resident Magistrates' Courts under "The Imprisonment for Debt Abolition Act, 1874."

GLASGOW, Governor.

WHEREAS by "The Imprisonment for Debt Abolition Act, 1874" (hereinafter referred to as "the said Act"), it is enacted that in the said Act the term "prescribed" means, as respects Resident Magistrates' Courts and Courts of Petty Sessions and Justices of the Peace acting under "The Resident Magistrates Act, 1867," or any Acts amending the same, prescribed by general rules or orders to be made by the Governor in like manner as he is now authorised under the said Acts to frame and establish general rules for the purposes thereof; and it is also by the said Act provided that general rules and orders may, as respects the said Courts, Petty Sessions, and Justices so acting as aforesaid, be made by the Governor for the purpose of carrying the said Act into effect:

And whereas by "The Resident Magistrates Act, 1867," it is provided that, in all cases not therein specially provided for, the Governor may from time to time frame and establish general rules and orders regulating the practice and forms of all proceedings in Courts under the said last-mentioned Act, and may from time to time revoke or alter the same; and that such rules and orders, and all alterations thereof, shall be published in the New Zealand Gazette, and when so published shall have the force of law:

And whereas by warrants hereinafter specified the Governor of the Colony of New Zealand did make and prescribe certain rules, forms, and fees for Resident Magistrates' Courts, under the authority of the said Acts, and it is expedient that the said rules, forms, and fees should be revoked, and that the rules, forms, and fees hereinafter mentioned should be made and prescribed in lieu thereof:

Now, therefore, I, David, Earl of Glasgow, the Governor of the said Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon me by "The Resident Magistrates Act, 1867," and "The Imprisonment for Debt Abolition Act, 1874," do hereby revoke, as from and after the thirty-first day of May, the warrants of the thirtieth day of October, one thousand eight hundred and seventy-four, the nineteenth day of July, one thousand eight hundred and seventy-five, the eleventh day of October, one thousand eight hundred and eighty-two, the first day of June, one thousand eight hundred and eighty-seven, the twenty-eighth day of June, one thousand eight hundred and ninety, and the thirtieth day of July, one thousand eight hundred and ninety, issued under the authority of the said Acts, and the rules, forms, and fees thereby prescribed, and in lieu thereof do hereby make and prescribe the general rules, forms, and fees set forth hereunder; and I do hereby declare that such last-mentioned rules, forms, and fees shall supersede all others at variance therewith which may have been made or prescribed under the said Acts; and I do hereby further declare that these presents shall take effect on and after the first day of June next.

As witness the hand of His Excellency the Governor, this seventeenth day of April, one thousand eight hundred and ninety-three.

A. J. CADMAN.

RULES FOR RESIDENT MAGISTRATES' COURTS UNDER "THE IMPRISONMENT FOR DEBT ABOLITION ACT, 1874."

Interpretation.

In the following rules, unless inconsistent with the context, the words "the Act" shall mean "The Imprisonment for Debt Abolition Act, 1874"; the words "clear days" shall mean that, in all cases in which any particular number of days is prescribed for doing any act, or for any other purpose, the same shall be reckoned exclusive both of the first day and of the last day; the word "person" shall include a body politic or corporate, and every word importing the singular number only shall include the plural number, and words importing the plural number only shall include the singular number, and words importing the masculine gender only shall include females.

"Magistrate's Court" shall include any Resident Magistrate's Court, or any Resident Magistrate or Justices acting under "The Resident Magistrates Act, 1867," or any Act amending the same.

"District Court" shall mean any Court constituted under "The District Courts Act, 1858," or the Acts amending the same.

Judgment Summons.

1. No order under section 8 of the Act shall be made unless a summons to appear and be examined on oath (hereinafter called a "judgment summons") shall have been personally served upon the judgment debtor.

2. A judgment summons shall be issued only by a Magistrate's Court when the debtor resides or carries on business within its district, unless leave of such Court or of a Resident Magistrate has been first obtained.

3. An application by a judgment creditor for the issue of a judgment summons under the Act shall be in writing, signed by the applicant or his agent, according to the form (1) in the First Schedule hereto, and accompanied by an affidavit by the said applicant or his agent in the form (2) in the said Schedule, or by a statutory declaration to the like effect.

4. When a judgment creditor desires to apply for a judgment summons to a Magistrate's Court other than the Magistrate's Court in which the order or judgment was obtained, he shall obtain from the Clerk of the Magistrate's Court in which the order or judgment was obtained a certified copy of the order or judgment in the cause, and file the same with his application.

5. In any case where the judgment debtor resides or carries on business more than five miles from the Court out of which a judgment summons is sought, the application for such summons shall be accompanied by a tender of expenses. The amount to be deposited shall be sufficient, in the opinion of the Clerk of such Court, to enable the judgment debtor to attend and return from the hearing of such summons, and to provide maintenance for the debtor during such attendance. The Clerk of any Court may decline to issue a judgment summons until such expenses are deposited with the application as aforesaid. The amount so deposited shall (unless the Court otherwise orders) form part of the costs of the judgment summons for all purposes.

6. Every judgment summons on an order or judgment of a Magistrate's Court shall be according to the form (3) in the First Schedule, and be issued not less than ten clear days, and be served not less than five clear days, before the day on which the judgment debtor is required to appear, except in the case provided for by rule 9 of these rules.

7. Where a party desires to enforce, by commitment in any Magistrate's Court, a judgment, decree, or order of a District Court or of the Supreme Court, he shall obtain from such District or Supreme Court, as the case may be, a copy of such judgment, decree, or order certified by the Registrar or Clerk of the Court, and shall file such copy, together with an affidavit in the form (2) in the First Schedule hereto, with the Clerk of the Magistrate's Court to which the application for the judgment summons is made.

8. The Clerk of the Magistrate's Court to which the application for a judgment summons is made shall, in such last-mentioned cases, upon delivery to him of the certified copy of the judgment, decree, or order of the Supreme Court or District Court, as the case may be, file the same, and issue thereon a judgment summons in the form (4) in the First Schedule hereto.

9. Where the person applying for the judgment summons shall state to the Clerk of the Magistrate's Court that the judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing: Provided that the Magistrate's Court shall not act upon a summons issued under this rule unless at the hearing such Court is satisfied, by evidence on oath, that at the time of the application for the judgment summons the judgment debtor was about to remove from his dwelling or place of business, or was keeping out of the way to avoid service, in either of which cases service upon such debtor at any time before the time appointed for his appearance shall be sufficient.

10. The hearing of a judgment summons may be adjourned from time to time, subject to the payment by either the creditor or the debtor of such costs of witnesses or of further travelling-expenses of the debtor as the Court may think fit to order, which costs and expenses may, if the Court so direct, form part of the costs of the judgment summons for all purposes.

11. Any witness may be summoned to give evidence upon such hearing, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint. Every such summons shall be according to the form (5) in the First Schedule hereto. Every such witness shall be entitled to such expenses as if summoned to give evidence upon a plaint, which expenses may, if the Court so direct, form part of the costs of the judgment summons for all purposes.

12. When a Maori or foreign interpreter is required at the hearing of a judgment summons, or where any summons, order, or warrant issued by the Court requires to be translated into the Maori language, the Court or Magistrate may fix the fee for such interpretation or translation, not exceeding the fees allowed to be charged by authorised Maori interpreters, and such fee or fees so fixed shall, if the Court so direct, form part of the costs of the judgment summons for all purposes.

13. Upon the issue of a judgment summons against a party upon an order or judgment of a Magistrate's Court issuing the judgment summons, the bailiff of such Court shall return into the Court any warrant of execution against the goods of such party which may have been issued in the cause.