Distress Warrant




888
THE NEW ZEALAND GAZETTE.
[No. 44

Sec. 117, Rule 45.
New Zealand.
"The Magistrates' Courts
Act, 1893."

No. 91.
DISTRESS WARRANT.

Plaint No. .

In the Magistrate's Court, held at
.
Between
and
, plaintiff,
, defendant.

To , Bailiff of the Magistrate's Court [or To ].

WHEREAS , of , in the said colony, , was on the day of , 189 , duly adjudged [or ordered] by the Magistrate's Court sitting at to pay the sum of pounds shillings and pence, claimed by one , of , for debt [or damages ], together with the sum of pounds shillings and pence for costs and expenses allowed by the said Court, making together the sum of pounds shillings and pence, to the Clerk of the said Court on the day of [or by instalments of for every days]: And whereas default has been made in payment according to the said judgment [or order]:

This is therefore to command you forthwith to levy the sum of £ , and the further expenses incurred therein, by distress and sale of the goods and chattels of and belonging to the said , except the wearing apparel and bedding of him or his family, and the tools and implements of his trade (if any), to the value in all of twenty-five pounds; and also to seize and take away any money, cheques, bills of exchange, promissory notes, bonds, or other securities for money of the said , or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same. And you are hereby commanded to pay what you shall so levy forthwith to the Clerk of this Court, and to make return of what you shall do by virtue of this warrant immediately upon the execution thereof.

Given under my hand and the seal of the Court, at , this day of , 189 .

Amount adjudged to be paid .. £ : :
Costs of previous executions .. : :
Warrant .. .. .. : :
Mileage .. .. .. : :
Total .. .. £ : :

The Bailiff is entitled to demand and levy one shilling per mile, reckoned one way only, for every mile beyond two from the Courthouse to the place where seizure is made, and the cost of keeping possession of goods seized, which is not to exceed eight shillings per day, commencing after the first hour.

NOTICE.—If the amount to be levied be paid to the Bailiff within one hour after entry, he is not to receive any further sum than the amount directed to be levied as stated above, with mileage. The goods and chattels are not to be sold until after the end of five days next following the day on which they were taken, unless they be of a perishable nature, or at the request of the Defendant.

Application was made to the Stipendiary Magistrate for this warrant at minutes past the hour of in the noon of the day of , 189 .

Hours of attendance at the office of the Clerk on , from till , except on , when the office will be closed at .
[Indorsement No. 97.]

No. 91 (Maori).

New Zealand.
"The Magistrates' Courts
Act, 1893."

WARATI TAU TAIMAHA.

I te Kooti Whakawa o
I te mea i a
raua ko
, kai-tono,
, kai-whakaoraora.

Ki a karere o taua Kooti nei.
NOTEMEA i kiia e te Kooti i runga i te mana o te mahi whakawa a te Kooti i noho ki te o nga ra o , 189 , me utu e o nga moni pauna hereni pene he moni i kiia e o nana, mo te me tetahi atu moni hoki pauna hereni pene, utu ki te Kooti, aha aha, na te Kooti i ki kia utua ki te Karaka o te Kooti a te o nga ra o , me utu ranei e ia nga moni i roto i te . A no te mea kahore i rite i a ia ta te Kooti i whakarite nei, ara te utu i taua ritenga nei. He kupu atu tenei naku ki a koe kia tangohia mai e koe he moni i roto i nga taonga o taua ara me hoko nga taonga e tangohia aua e koe me tetahi atu moni hoki hei utu i nga ritenga katoa o tenei Warati. Otira ko nga kakahu anake me nga kakahu moenga me ana mea mahi me waiho ki a ia [mehemea e whai mea pera ana] kia tae ki te rua tekau ma rima pauna o ana katoa e whakatoea ki a ia, me tango hoki koe i nga moni ahakoa pukapuka moni pehea ranei i nga pukapuka katoa e whai ritenga ana kia puta ake he moni i roto i te pera ki taua ko etahi anake ranei o ana mea te tango, te hoko, kia rite ki taua kawenga nei me te whakaheretanga i nga ritenga o tenei Warati. Nga he kupu atu hoki tenei ki a koe mau e hoatu
Stipendiary Magistrate.
[or Justice of the Peace.]

Clerk of the Court.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 44





✨ LLM interpretation of page content

⚖️ Form for Distress Warrant

⚖️ Justice & Law Enforcement
Distress Warrant, Magistrate's Court, Judgment, Bailiff, Execution
  • Stipendiary Magistrate
  • Clerk of the Court

⚖️ Maori Version of Distress Warrant

⚖️ Justice & Law Enforcement
Distress Warrant, Maori, Magistrate's Court, Judgment, Bailiff, Execution
  • Stipendiary Magistrate
  • Clerk of the Court