May 12.] THE NEW ZEALAND GAZETTE. 1243

Prescribing Forms for Magistrates' Courts under "The Imprisonment for Debt Abolition Act, 1874," and Amendments.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of May, 1904.

Present:

THE HONOURABLE SIR J. G. WARD PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority conferred by "The Imprisonment for Debt Abolition Act, 1874," and "The Magistrates' Courts Act, 1893," and of every other power and authority enabling me in that behalf, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, do hereby revoke the forms contained in the First Schedule to the rules prescribed by Warrant dated the seventeenth day of April, one thousand eight hundred and ninety-three, and published in the New Zealand Gazette of the twenty-seventh day of April, one thousand eight hundred and ninety-three, and in lieu thereof do hereby prescribe the forms set forth in the Schedule hereto, and do hereby declare that the rules so prescribed as aforesaid shall henceforth be read and construed subject to the amendments hereby made.

SCHEDULE.

[I. Debt 1.-(Rule 3.)

APPLICATION FOR JUDGMENT SUMMONS.

"The Imprisonment for Debt Abolition Act, 1874," and Amendments.

In the Magistrate's Court, holden at

Between , of [Address and description], plaintiff, and , of [Address and description], defendant.

I APPLY for the issue of a judgment summons against the said defendant in respect of a judgment [or order, or decree] of this Court [or of (Here set forth the style or other sufficient description of the Court which gave the judgment or made the order or decree)] given [or made] on the day of , 19 , for £ , on the grounds—

1. That I have just reason to believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment had sufficient money to pay the debt; or

2. That I have just reason to believe that the defendant has since the date of the order to pay the debt by instalments had sufficient money to pay the instalment so due [as the case may be].

3. And I undertake to prove to the satisfaction of the Court at the hearing that the debt [Set out specifically grounds of fraud if alleged].

And I am aware that if no order is made I shall have to pay the cost of this summons.

Plaintiff [or Agent for Plaintiff].

Witness to signature:

[I. Debt 2.-(Rule 3.)

AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT.

"The Imprisonment for Debt Abolition Act, 1874," and Amendments.

In the Magistrate's Court, holden at

Between , plaintiff [Address and description], and , defendant [Address and description].

I, , the above named plaintiff [or agent for the above named plaintiff], make oath and say,—

1. That on the day of , 19 , I, the above named plaintiff, obtained a judgment [or order, or decree] 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 subsequent costs have been incurred amounting to £ .

3. That there is still due on the said judgment [or order, or decree] the sum of £

4. That I believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment had sufficient money to pay the debt [or, if fraud is alleged, it must be specified].

Sworn at , this ) day of , 19 , before me— }

A Justice of the Peace for the Colony of New Zealand [or Clerk of Court, or Solicitor].

[I. Debt 2A.—(Rule 3.)

AFFIDAVIT IN SUPPORT OF JUDGMENT SUMMONS (WHERE MONEY ORDERED TO BE PAID BY INSTALMENTS).

"The Imprisonment for Debt Abolition Act, 1874," and Amendments.

In the Magistrate's Court, holden at .

Between , of [Address and description], plaintiff, and , of [Address and description], defendant.

I, , the above-named plaintiff, make oath and say,—

1. That on the day of , 19 , I obtained a judgment [or order, or decree] in the Magistrate's Court holden at against the above-named defendant for the payment of the sum of £ , by instalments of [State terms of order made].

2. That subsequent costs have been incurred amounting to £ .

3. That there is still due on the said judgment [or order, or decree] the sum of £ , representing instalment of the amount so ordered to be paid.

4. That I believe that the defendant has since the date of the order to pay the said debt by instalments had sufficient money to pay the instalment so due as aforesaid [or, if fraud is alleged, it must be specified].

Sworn at this}

Plaintiff.

19 , before me—

A Justice of the Peace for the Colony of New Zealand [or Clerk of Court, or Solicitor].

[I. Debt 2B.-(Rule 3.)

AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT ON AN ORDER OF A COURT NOT A MAGISTRATE'S COURT.

"The Imprisonment for Debt Abolition Act, 1874," and Amendments.

In the Magistrate's Court, holden at .

In the matter of a judgment [or order, or decree] of the Supreme Court [or as the case may be]. [Address and description], plaintiff, and [Address and description], defendant.

I, , the above-named plaintiff, make oath and say,—

1. That on the day of , 19 , I obtained a judgment [or order, or decree] 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 subsequent costs have been incurred amounting to £ .

3. That there is still due on the said judgment [or order, or decree] the sum of .

4. That I believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment [or order, or decree] had sufficient money to pay the debt [or, if fraud is alleged, it must be specified].

Sworn at , this)

Plaintiff.

19 , before me—,

A Justice of the Peace for the Colony of New Zealand [or Clerk of Court, or Solicitor].

[I. Debt 2c.-(Rule 3.)

DECLARATION WHERE JUDGMENT SUMMONS IS SOUGHT ON AN ORDER OF A COURT NOT A MAGISTRATE'S COURT.

"The Imprisonment for Debt Abolition Act, 1874," and Amendments.

In the Magistrate's Court, holden at

Between , of [Address and description], plaintiff, and , of [Address and description], defendant.

I, , the above-named plaintiff, do solemnly and sincerely declare,—

1. That on the day of , 19 , I obtained a judgment [or order, or decree] in [Here set forth the style of the Court in which judgment, or order, or decree obtained] against , the above-named defendant, for the payment of the sum of £

2. That subsequent costs have been incurred amounting to £

3. That there is still due on the said judgment [or order, or decree] the sum of £

4. That I believe that the defendant, after providing for the reasonable maintenance of himself and his family, has