✨ Distress Warrants
JUNE 11.] THE NEW ZEALAND GAZETTE. 891
I certify that the damages and costs adjudged have
not been paid into Court.
Clerk of the Court.
certain specific goods and chattels wrongfully detained by the defendant, namely: [Name the
goods detained], being of the value of £ ; and also to pay £ damages for the
detention of the said goods and chattels, and £ for costs allowed by the said Court,
making together the sum of £ .
And whereas the said goods and chattels have [not] been returned, as ordered by the
Court, and whereas default has been made in payment of the said damages and costs: This
is therefore to command you forthwith to levy the sum of £ , and the further expenses
incurred herein, 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 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 on the execu-
tion thereof.
Given under my hand and the seal of the Court, at , this day of
189 .
Stipendiary Magistrate.
Amount adjudged to be paid .. £ : :
Costs of previous executions .. : :
Warrant .. .. : :
Executing same .. .. : :
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 the 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 . Clerk of the Court.
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. 95.
New Zealand.
"The Magistrates' Courts} Distress Warrant (against the Goods of a Sub-debtor). Sec. 140, Rule 37.
Act, 1893."
Plaint No. .
In the Magistrates' Court, holden at .
Between , judgment creditor,
and , judgment debtor,
and , sub-debtor.
To , Bailiff of the Magistrate's Court, [or to .]
WHEREAS on the day of , 189 , the judgment creditor obtained a judg-
ment [or order] against the judgment debtor for the sum of pounds shillings
and pence, and pounds shillings and pence for costs, making
together the sum of pounds shillings and pence: And whereas it
was on the day of , 189 , ordered by the Court that all debts owing or
accruing from to the judgment debtor be attached to answer the judgment debt:
And whereas the said has not paid into Court the amount due by him to the
judgment debtor, or an amount equal to the judgment debt, and has not disputed
the debt claimed to be due from him to the judgment debtor, and, further, has failed
to appear on summons:
This is therefore to command you forthwith to levy the sum of £ , and the
further expenses incurred herein, 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, promis-
sory notes, bonds, or securities for money of the said , or such part or so much
thereof as may be sufficient to satisfy this execution, and the cost 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 on the execution thereof.
I certify that the amount of £ remains
due and unsatisfied on this judgment.
Clerk of Court.
Given under my hand and the seal of the Court, at , this day of 189 .
Stipendiary Magistrate.
Next Page →
✨ LLM interpretation of page content
⚖️
Distress Warrant for Specific Goods, Damages, and Costs
(continued from previous page)
⚖️ Justice & Law EnforcementDistress Warrant, Specific Goods, Damages, Costs, Magistrate's Court, Bailiff
- Stipendiary Magistrate
⚖️ Distress Warrant Against Sub-debtor
⚖️ Justice & Law EnforcementDistress Warrant, Sub-debtor, Judgment Creditor, Judgment Debtor, Magistrate's Court, Bailiff
- Judgment Creditor, Obtained judgment
- Judgment Debtor, Owed to judgment creditor
- Sub-debtor, Owed to judgment debtor
- Stipendiary Magistrate
- Clerk of Court
NZ Gazette 1894, No 44