April 27.] THE NEW ZEALAND GAZETTE. 539

14. Where a judgment summons is heard in a Magistrate's
    Court other than the Court in which the order or judgment
    was obtained, and an order is made by the Court in which
    the judgment summons is heard altering the terms of the
    order or judgment, all payments under the new order shall
    be made into, and execution thereupon against the goods
    shall be issued by, the Court which has so altered the order.
    Such order shall be in the form (6) in the First Schedule.

15. Where a certified copy of a judgment is obtained from
    the Clerk of a Magistrate's Court, or District Court, or
    Registrar of the Supreme Court, such Clerk or Registrar
    shall make on the minute of the judgment a memorandum
    of having given such certificate; and no warrant of execu-
    tion against the goods, or judgment summons upon such
    judgment, shall issue from such Court unless it be shown to
    the satisfaction of the Court or to the Clerk or Registrar of
    such Court that no order has been made against the execu-
    tion debtor in any other Court.

Order upon a Judgment Summons, Warrant of Com-
ittal, &c.

16. An order made under section 8 of the Act on an order
    or judgment of a Magistrate's Court shall be according to the
    form (7) in the First Schedule, and an order made under the
    Act on an order or judgment of a Court other than a Magis-
    trate's Court shall be in the form (8) in the said Schedule ;
    and every such order shall, on whatever day it may be issued
    from the Clerk's office, bear date on the day on which the
    order on the judgment summons was made, and shall con-
    tinue in force for one year from such date and no longer.

17. When an order on a judgment summons has been
    made the judgment debtor may, at any time before his body
    is delivered into the custody of the Gaoler, pay to the bailiff
    the amount indorsed on the order as that on the payment of
    which he may be discharged; and on receiving such amount
    the bailiff shall discharge such debtor, and shall, within
    twenty-four hours after receiving such amount, pay over the
    same to the Clerk of the Magistrate's Court of which he is an
    officer.

18. The sum indorsed upon the order on a judgment
    summons, or indorsed upon the warrant of committal as that
    upon payment of which the prisoner may be discharged, may
    be paid to the Clerk of the Court from which the order or
    warrant was issued, or to the Gaoler in whose custody the
    prisoner is. Where it is paid to the Clerk, he shall sign and
    seal a certificate of such payment, and, upon receiving such
    certificate by post or otherwise, the Gaoler in whose custody
    the prisoner shall then be shall forthwith discharge such
    prisoner; and, where it is paid to the Gaoler, he shall, upon
    payment to him by post-office order of such amount, together
    with costs sufficient to pay for transmitting such amount to
    the Court under the order of which the prisoner was com-
    mitted, sign a certificate of such payment, and discharge the
    prisoner, and such costs of transmission shall be part of the
    prescribed costs.

19. A certificate as to payment by a prisoner shall be
    according to the form (9) in the First Schedule.

20. Orders upon a judgment summons against the same
    party may be issued concurrently into more than one dis-
    trict: Provided that the cost of one order only shall be
    allowed unless the Court shall otherwise direct.

21. The warrant to be issued by the Chief Clerk of a Magis-
    trate's Court under the provisions of section 11 of the Act
    shall be in the form (10) set out in the First Schedule
    hereto; and such warrant shall be deemed to be the
    "warrant in the prescribed form" required to be issued
    under the said section.

22. No warrant of committal shall be issued against a
    judgment debtor unless the order made at the hearing of
    the judgment summons has been drawn up and served upon
    such debtor: Provided that, where it is shown to the satis-
    faction of the Court or a Resident Magistrate that the debtor
    is keeping out of the way to avoid service of such order,
    service may be dispensed with, and the Court or Resident
    Magistrate shall direct accordingly.

23. Where a judgment debtor shall, upon the return-day
    of a judgment summons, satisfy the Court that he has been
    adjudicated a bankrupt, and that the debt was provable in
    the bankruptcy, or that, in respect of the debt, the pro-
    visions of the Bankruptcy Act for the time being in force
    have been complied with, no order of commitment shall be
    made.

24. Where a judgment debtor shall, after the making of an
    order upon a judgment summons against him, and before its
    issue, file in the Magistrate's Court in which the order was
    made an affidavit, according to the form (11) in the First
    Schedule, stating that he has been adjudicated a bankrupt,
    that the debt was provable in the bankruptcy, and that, in
    respect of the judgment debt, the provisions of the Bank-
    ruptcy Act for the time being in force have been complied
    with, and shall at the same time give notice to the judg-
    ment creditor of the filing of the affidavit, no such order
    shall issue.

25. Where a judgment debtor is arrested, he may, accord-
    ing to the tenor of the order or warrant of committal, file in
    the Magistrate's Court within the district in which he is in
    custody an affidavit as mentioned in the last foregoing rule,
    and give the notice to the judgment creditor thereof, as
    therein required; and thereupon the judgment debtor shall
    be discharged out of custody upon the certificate of the
    Clerk of such Court. Such certificate shall be according to
    the form (12) in the First Schedule hereto.

Costs.

26. The costs which shall be payable by a person impri-
    soned under the Act shall be the fees specified in the Second
    Schedule hereto, and such fees shall be deemed to be the
    prescribed costs referred to in section 13 of the Act.

27. All costs incurred by the plaintiff in endeavouring to
    enforce an order or judgment shall be deemed to be due in
    pursuance of such order or judgment, under section 5 of the
    Act.

Books.

28. The Clerk shall keep in his office a book in the form
    (13) in the First Schedule hereto, to be called the "Judgment-
    summons Book," in which all judgment summonses shall
    be entered in numerical order, according to the date of the
    receipt by the Clerk of the application for the judgment
    summons.

FIRST SCHEDULE.

[I. Debt 1.
Application for Judgment Summons.
"The Imprisonment for Debt Abolition Act, 1874."
A.B., plaintiff.
C.D., defendant [address and description of plaintiff and
defendant to be added where judgment that of any
other Court].
I apply for the issue of a judgment summons against the
said defendant in respect of a judgment [or order] of this
Court [or of (Here set forth the style or other sufficient descrip-
tion of the Court which gave the judgment or made the order)],
given [or made] on the day of , 18 ,
for £
And I undertake to prove to the satisfaction of the Court
at the hearing that the said defendant has or has had since
the date of the said judgment [or order] the means to pay
the sum so recovered against him, and that he has refused
or neglected, or refuses or neglects, to pay the said sum [or
(specifying any other of the matters mentioned in subsections
(4) and (5) of section 8 of the Act)].
And I am aware that if I do not prove the same accord-
ingly I shall have to pay the cost of this summons.
Plaintiff [or
Agent for plaintiff.]
Witness to signature: }

[I. Debt 2.
Affidavit where Judgment Summons is Sought.
"The Imprisonment for Debt Abolition Act, 1874."
In the Court of , held at .
Between A.B., plaintiff [address, description],
and
C.D., defendant [address, description].
I, , the above-named plaintiff [or agent for the above-
named plaintiff], make oath and say,—

1. That on the day of , 18 , I, the above-
   named plaintiff, obtained a judgment [or decree, or order] in
   [Here set forth the style of the Court in which judgment,
   decree, or order obtained] against , the above-named
   defendant, for the payment of the sum of
2. That there is still due on the said judgment [or order, or
   decree] the sum of
   Sworn at , this
   , 18 ,
   day of
   before me—

[I. Debt 3.
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