894

Sees. 175, 176, and
178; Rules 40, 42.

THE NEW ZEALAND GAZETTE.

[No. 44

held by you as a [Insert weekly, or as the case may be] tenant should not be given up to the plaintiff
by reason of the rent payable in respect thereof by you being days in arrear, and the plaintiff
having right by law to re-enter for the non-payment thereof. If you shall pay to the Clerk the rent
in arrear and the costs of this action, as stated at the foot of this summons, five days before the day
you are required to appear to this summons, this action will cease. And take notice that if you do
not pay such rent in arrear, and costs, or appear at the said Court and show cause why possession of
the said should not be recovered against you, you may be ordered by the Court to give
possession of such premises to the plaintiff, and that if such order be not obeyed a warrant may
issue to give possession to the plaintiff: And further take notice that, if the plaintiff in this action be
not your immediate landlord you must, upon your being served with this summons, or if this
summons shall come to your knowledge, forthwith give notice hereof to your immediate landlord;
and if you do not give such notice you will be liable to forfeit to your immediate landlord three
years' rack-rent of the premises held by you of him in respect of which this summons is issued.

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

Rent in arrear from the day of to
the day of .. £ : :
Costs .. .. .. .. : :
Mileage for service of summons .. .. : :

Total .. .. £ : :

Hours of attendance at the office of the Clerk on , from till , except
on , when the office will be closed at .

[Indorsement No. 19.]

No. 102.

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

WARRANT FOR GIVING POSSESSION OF TENEMENT.

Plaint No. .

In the Magistrate's Court of , holden at .

Between
, plaintiff,
and
, defendant.

To the Bailiff of the Court [or To ].

WHEREAS at , on the day of , 189 , it was ordered by the Magistrate's
Court holden at , that the defendant should give the plaintiff possession of a certain [house,
&c., as in summons], situate at [and that the plaintiff should recover against the defendant],
the sum of pounds shillings and pence for costs, or the sum of
pounds shillings and pence for rent or mesne profits [or rent and mesne profits, or
damages, and pounds shillings and pence for costs], making together the
sum of pounds shillings and pence. [Insert here, if possession is to be given
on account of non-payment of rent in arrear, instead of the words between asterisks*: " or else should, on
or before the day of , pay to the said the rent in arrear, and the sum
of £ for costs"]: And whereas it was further ordered by the Court that this warrant should issue:
This is therefore to authorise and require you, on or before the day of , 189 , to
enter, by force if needful, into the premises, between the hours of nine in the morning and four in
the afternoon, and to give possession of the said hereinbefore mentioned premises to the plaintiff.
And this is further to require and order you forthwith to make and levy by distress and sale of the
goods and chattels of the defendant, wheresoever they may be found (except the wearing apparel and
bedding of the defendant or his family, and the tools and implements of his trade, if any, to the
value in all of twenty-five pounds), the said sum, and the costs of this warrant and execution; and
also to seize and take any money or bank-notes, and any cheques, bills of exchange, promissory notes,
bonds, or securities for money of the defendant which may be there found, 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 to pay what you shall so levy forthwith to the Clerk of this Court, and to
make return to me of what you shall do under this warrant immediately on the execution thereof.

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

Amount adjudged to be paid .. £ : :
Warrant .. .. : :
Mileage .. .. : :

Amount to be levied .. £ : :

NOTICE.— 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 tenement of which possession is to be given, and
mileage at the same rate, to the place where any seizure of goods is made, if sufficient distress be not found on
such tenement.

The goods and chattels are not to be sold until after the end of five days next following the day on which
they were seized, unless they be of a perishable nature, or at the request of the defendant.

If the amount to be levied be paid to the Bailiff within one hour after seizing, he is not to receive any
further sum than the amount directed to be levied, as stated above, with mileage.

The cost of keeping possession of goods seized is not to exceed eight shillings per day.

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 .