1244
THE NEW ZEALAND GAZETTE.
[No. 41

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].

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Declared at
, this
}
19 , before me—
Plaintiff.

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

——

[I. Debt 2D.—(Rule 3.)

DECLARATION IN SUPPORT OF JUDGMENT SUMMONS.

“ The Imprisonment for Debt Abolition Act, 1874,” and Amendments.

In the Magistrate’s Court, held 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 the Magistrate’s Court held at
   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].

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Declared at
, this
}
19 , before me—
Plaintiff.

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

——

[I. Debt 2E.—(Rule 3.)

DECLARATION 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, held 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] in the Magistrate’s Court held 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] 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].

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Declared at
, this
}
19 , before me—
Plaintiff.

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

[I. Debt 3.—(Rule 6.)

JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT OF A MAGISTRATE’S COURT.

“ The Imprisonment for Debt Abolition Act, 1874,” and Amendments.

In the Magistrate’s Court, held at
.

No. of plaint: /19 .

No. of judgment summons: /19 .

Between
, of [Address and description], plaintiff, and
, of [Present address and description, and, if known, place of employment], defendant.

WHEREAS the plaintiff obtained a judgment [or, if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above-named defendant, in the Magistrate’s Court, held at
on the
day of
, 19 , for the payment of £
for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to £
:

You are therefore hereby summoned to appear personally at the Magistrate’s Court at [Place where Court holden], on the
day of
, 19 , at the hour of
in the
noon, to be examined on oath by the Court as to whether [Strike out paragraph No. 1 or 2 so as to follow judgment or order]—

(1.) After providing for the reasonable maintenance of yourself and your family, you have not since the date of the judgment [or order] had sufficient money to pay the debt; or

(2.) You have not 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]; or

(3.) [If fraud is alleged it must be specifically stated, as in the application for judgment summons];

and also to show cause why you should not be committed to prison for such default.

Dated this
day of
, 19 .

Clerk of the Court.

£ s. d.

Amount of judgment [or order] and costs
..

Costs of warrant against the goods, if any
..

Costs of previous judgment summons and commitment
.. .. .. ..

(Paid into Court
.. ..

Amounts which were not required to have been paid before the date of summons
.. ..

Deduct

Sum payable .. .. .. .. ..

Costs of the summons .. .. .. .. ..

Amount upon the payment of which no further proceedings will be had until default in payment of next instalment
.. .. .. ..£

I,
, Bailiff of the Magistrate’s Court at
, do swear that I have duly served the within-named
with a summons, a true copy of which is within written, by delivering the same to him personally at
, on the day of
, 19 .

Signature of deponent.

Sworn at
, this
}
19 , before me—
day of
,
A Justice of the Peace for the Colony of New Zealand [or Clerk of Court, or Solicitor].

——

[I. Debt 4.—(Rule 8.)

JUDGMENT SUMMONS ON ORDER OR JUDGMENT OF A COURT OTHER THAN A MAGISTRATE’S COURT.

“ The Imprisonment for Debt Abolition Act, 1874,” and Amendments.

In the Magistrate’s Court, held at
.

No. of judgment summons: /19 .

Between
[Address and description], plaintiff, and
[Present address, description, and, if known, place of employment], defendant.

WHEREAS the plaintiff obtained a judgment against you, the above-named defendant, in the
Court of
, held at
on the
day of
, 19 , for the sum of £
: