1246
THE NEW ZEALAND GAZETTE.
[No. 41

And whereas at the hearing of the summons (it has been proved to the satisfaction of the Court that) [Here specify such of the matters stated in the summons as have been proved]—
(1.) The defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment [or order] had sufficient money to pay the debt; or
(2.) The defendant has since the date of the order to pay the debt by instalments had sufficient money to pay the instalment so due; or
(3.) [If defendant does not appear, strike out the words in parentheses and paragraphs 1 and 2, and say] The defendant did not appear as required by such summons, nor allege a sufficient cause for not attending, and the defendant has shown no cause why he should not be committed to prison:
Now, therefore, it is ordered that unless the defendant shall pay into this Court at , forthwith, or on or before the day of , 19 , or by instalments of £ on the day of each , commencing on the day of , 19 , the sum stated below as that upon the payment of which he is to be discharged, or shall file such affidavit as is mentioned in Rule 24 of the Rules for Magistrates’ Courts under “The Imprisonment for Debt Abolition Act, 1874,” he shall be committed to the public prison at , known as the , for .
Given under my hand, this , day of , 19 .

Stipendiary Magistrate.

£ s. d.
Amount of judgment or order remaining due ..
Costs of judgment summons .. .. ..
———
Total sum upon payment of which the prisoner will be discharged .. .. .. .. £

Subject as above, this order remains in force for one year from the date hereof.

I, , Bailiff of the Magistrate’s Court held at , do hereby make oath and say—

1. That I duly served the within , the defendant, with an order on a judgment summons, a true copy of which said order is indorsed hereon, by delivering the same to him personally at , on the day of , 19 .

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

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

——

[I. Debt 8.—(Rule 16.)]
ORDER ON AN 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 plaint: /19 .
No. of judgment summons: /19 .
No. of order: /19 .

Between , plaintiff, and , defendant.

WHEREAS the plaintiff obtained a judgment against the defendant in the Court [as the case may be] held at 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 Court (as the case may be), held at 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 the summons]—
(1.) After providing for the reasonable maintenance of himself and his family, he had not since the date of the judgment [or decree, 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; or
(3.) and also 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 whereas, at the hearing of the said summons, it has now been proved to the satisfaction of the Court that the defendant [Here specify such of the matters stated in the summons as have been proved]—
(1.) After providing for the reasonable maintenance of himself and his family, has since the date of the judgment [decree, or order] had sufficient money to pay the debt; or
(2.) Has since the date of the order to pay the debt by instalments had sufficient money to pay the instalment so due; or
(3.) ; or
(4.) The defendant did not appear as required by such summons, nor allege a sufficient cause for not attending;
and the defendant has shown no cause why he should not be committed to prison:
Now, therefore, it is ordered that unless the defendant shall pay into this Court at , forthwith [or on or before the day of , 19 , or by instalments of £ on the day of each , commencing on the day of , 19 ], the sums so due and payable as aforesaid, together with the prescribed costs, or shall file such affidavit as is mentioned in Rule 24 of the Rules for Magistrates’ Courts under “The Imprisonment for Debt Abolition Act, 1874,” he shall be committed to the public prison at , known as , for .
Given under my hand, this day of 19 .

Stipendiary Magistrate.

£ s. d.
Amount of judgment or order remaining due ..
Costs of judgment summons .. .. ..
———
Amount upon the payment of which the prisoner is to be discharged .. .. .. .. £

Subject as above, this order remains in force one year from the date hereof.

——

[I. Debt 9.—(Rule 19.)]
CERTIFICATE AS TO PAYMENT BY A DEFENDANT.

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

I HEREBY certify that the defendant, who was committed to my [or your] custody by virtue of a warrant of commitment issued out of this Court [or of the Court of , held at ], bearing date the day of , 19 , has paid and satisfied the sum of money for the non-payment whereof he was so committed, together with all costs due and payable by him in respect thereof; and that the defendant may, in respect of such order, be forthwith discharged out of my [or your] custody.

Given under my hand [or the seal of the Court], this day of , 19 .

Gaoler [or Clerk of the Court held at ].

——

[I. Debt 10.—(Rule 21.)]
WARRANT OF COMMITTAL.

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

In the Magistrate’s Court, held at .
No. of plaint: .

To , the Bailiff of the Magistrate’s Court at , and to , the Gaoler or Keeper of the prison at , known as : Greeting.

Between , plaintiff, and , defendant.

WHEREAS by an order bearing date the day of , 19 , and issued out of this Court, it was ordered that unless the defendant should pay into this Court at [Copy exact terms of order] the sums so due and payable as aforesaid, together with the prescribed costs, or should file such affidavit as is mentioned in Rule 24 of the Rules for the Magistrates’ Courts under “The Imprisonment for Debt Abolition Act, 1874,” he should be committed to the public prison at , known as , for :

And whereas such order was duly served on the defendant upon the day of , 19 :

And whereas the defendant has not paid the sums in the said order mentioned in the manner therein directed, but therein has made default, and there is now due and owing under the said order the sum stated below:

These are therefore to require you, the said , and others, to take the defendant and deliver him to the Gaoler or Keeper of the prison known as , at , and you,