MAY 12.] THE NEW ZEALAND GAZETTE. 1245

[Or, Whereas by a decree (or order) made by the Court of , held at on the day of , 19 , you, the above-named defendant, were ordered to pay to the plaintiff the sum of £ :]
And whereas it appears you have made default in payment of the sum payable in pursuance of the said judgment [decree, or order], and that there is now due and owing thereunder to the plaintiff the sum of £ :
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 [decree, 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; 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 , 190 .
………………
Clerk of the Court.

Amount of judgment or order remaining due .. £ s. d.
Costs of this summons .. .. .. ————
Total sum due .. .. £ ————

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

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

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

——

[I. Debt 5.—(Rule 11.)]

SUMMONS TO WITNESS.

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

In the Magistrate’s Court, held at .
In the matter of a judgment summons bearing date the day of , 19 , between plaintiff and defendant.

You are hereby required to attend at the Courthouse, at , on , the day of , 19 , at the hour of in the noon, to give evidence in the above matter on behalf of the plaintiff [or defendant], and then and there to have and produce [Here state any particular documents required], and all other books, papers, writings, and other documents relating to the said matter which may be in your custody, possession, or control. In default of your attendance you will be liable to a penalty of £10.

Dated this day of , 19 .
………………
Clerk of the Court,

To , of .

——

[I. Debt 6.—(Rule 14.)]

ORDER UPON A JUDGMENT SUMMONS ALTERING ORIGINAL ORDER OR JUDGMENT.

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

WHEREAS the plaintiff obtained a judgment [or order] against the defendant in the Magistrate’s Court held at on the day of , 19 , for the payment of £ , together with £ for costs, and in payment thereof [or of part thereof] the defendant hath made default:
[Or, Whereas the plaintiff obtained a judgment against the defendant in the Supreme Court (or as the case may be), , on the day of , 19 , for the sum of £ , and there is now due and payable upon the said judgment the sum of £ :]
[Or, Whereas by a decree (or order) made by the Supreme Court (or as the case may be), , on the day of , 19 , the defendant was ordered to pay to the plaintiff the sum of £ , and there is now due and payable upon the said decree (or order) the sum of :]
And whereas a summons was, at the instance of the plaintiff, duly issued out of this Court by which the defendant was required to appear personally at this Court on the day of , 19 , to be examined on oath as to whether [Here specify such of the matters as were stated in summons]—
(1.) After providing for the reasonable maintenance of himself and his family, he had not since the date of the judgment [or order, or decree] had sufficient money to pay the debt; or
(2.) He had not since the date of the order to pay the debt by instalments had sufficient money to pay the instalment so due; or
(3.)
and to show cause why he should not be committed to prison for such default; which summons was proved to this Court to have been duly served on the defendant: and application has been made to vary or alter the said recited judgment [order, or decree, as the case may be] :
Now, therefore, it is ordered that the defendant do pay the amount still due on the said judgment [or order, or decree], and the costs of the said summons, as stated at the foot of this order, to the Clerk of this Court, by instalments of £ , on the day of the months of [State terms of order], the first payment to be made on the day of , 19 , and the said recited judgment [or order, or decree] is hereby varied accordingly.

Given under my hand this day of , 19 .
………………
Stipendiary Magistrate.

Amount of judgment or order remaining due .. £ s. d.
Costs of judgment summons, and its hearing .. ————
Total sum due .. .. £ ————

ACKNOWLEDGMENT OF PAYMENT INTO COURT.

——

[I. Debt 7.—(Rule 16.)]

ORDER ON A JUDGMENT SUMMONS.

“ 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 .
No. of order: /19 .

Between , plaintiff, and , defendant.

WHEREAS the plaintiff obtained a judgment [or order] against the 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 :
And whereas the defendant hath made default in payment of the amount [as the case may be] [or the instalment of £ ] due and payable in pursuance of the said judgment [or order] :
And whereas a summons was at the instance of the plaintiff duly issued out of this Court, by which the defendant was required to appear personally at this Court on the day of , 19 , to be examined on oath as to whether [Here quote the exact words stated in the summons]—
(1.) After providing for the reasonable maintenance of himself and his family, he had not since the date of the judgment [or order] had sufficient money to pay the debt; or
(2.) He had 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.)
and to show cause why he should not be committed to prison for such default ; which summons has been proved to this Court to have been duly served on the defendant :