Legal Forms




1046
THE NEW ZEALAND GAZETTE.
[No. 30

No. 93.

New Zealand.
“ The Magistrates’ Courts } DISTRESS WARRANT AGAINST THE GOODS OF A MARRIED WOMAN.
Act, 1908.”
Plaint No. .

In the Magistrate’s Court, held at .
Between , plaintiff,
and , defendant.

To , Bailiff of the Magistrate’s Court [or To ].

WHEREAS , of , in New Zealand, wife of , was on the day
of , 191 , duly adjudged [or ordered] by the Magistrate’s Court sitting at
to pay the sum of pounds shillings and pence, claimed by one ,
of , for debt [or damages], together with the sum of pounds shillings
and pence for costs and expenses allowed by the said Court, making together the sum
of pounds shillings and pence, to the Clerk of this Court forthwith
on the day of , or by instalments of for every days : And,
further, it was ordered that the execution upon the judgment be limited to the separate
property of the said not subject to any restriction against anticipation, unless by
reason of section 25 of “ The Married Women’s Property Act, 1908,” such property should
be liable to execution notwithstanding such restriction : And whereas default has been made
in payment according to the said order : This is therefore to command you forthwith to levy
the sum of £ , and the further expenses incurred herein, by distress and sale of the
goods and chattels of and belonging to the said or her separate estate, except the
wearing-apparel and bedding of her or her family, and the tools and implements of her trade
(if any), to the value in all of twenty-five pounds ; and also to seize and take away any money,
cheques, bills of exchange, promissory notes, bonds, or other securities for money of the said
, 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 you are hereby commanded to pay what
you shall so levy forthwith to the Clerk of this Court, and to make return of what you shall
do by virtue of this warrant immediately on the execution thereof.

Given under my hand and the seal of the Court, at , this day of ,
191 .

Stipendiary Magistrate
[or Justice of the Peace].

Amount adjudged to be paid . . . £ : :
Costs of previous execution. . . . : :
Warrant . . . . : :
Mileage . . . . : :

Total . . . . £ : :

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 place where seizure is made, and the cost of keeping possession of goods seized,
which is not to exceed ten shillings per day, commencing after the first hour.

NOTICE.—If the amount to be levied is paid to the Bailiff within one hour after entry, he is not to receive
any further sum than the amount directed to be levied as stated above, with mileage. The goods and chattels
are not to be sold until after the end of five days next following the day on which they were taken, unless they are
of a perishable nature, or at the request of the defendant.

Application was made to the Stipendiary Magistrate for this warrant at minutes past
the hour of in the noon of the day of , 191 .
Clerk of the Court.

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

[Indorsement No. 97.]

No. 94.

New Zealand.
“ The Magistrates’ Courts } DISTRESS WARRANT FOR THE VALUE OF SPECIFIC GOODS,
Act, 1908.”
DAMAGES, AND COSTS.
Plaint No. .

In the Magistrate’s Court, held at .
Between , plaintiff,
and , defendant.

To , Bailiff of the Magistrate’s Court [or To ].

WHEREAS , of , the defendant, was on the day of , 191 , duly
adjudged [or ordered] by the Magistrate’s Court sitting at to return to the plaintiff certain
specific goods and chattels wrongfully detained by the defendant—namely, [Name the goods
detained], being of the value of £ ; and also to pay £ damages for the detention
of the said goods and chattels, and £ for costs allowed by the said Court, making together
the sum of £ :

And whereas the said goods and chattels have [not] been returned as ordered by the Court :
And whereas default has been made in payment of the said damages and costs : This is there-
fore to command you forthwith to levy the sum of £ , and the further expenses incurred
herein, by distress and sale of the goods and chattels of and belonging to the said ,
except the wearing-apparel and bedding of him or his family, and the tools and implements
of his trade (if any), to the value in all of twenty-five pounds ; and also to seize and take any
money, cheques, bills of exchange, promissory notes, bonds, or other securities for money of the
said , 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 you are hereby commanded to pay what you
shall so levy forthwith to the Clerk of this Court, and to make return of what you shall do by
virtue of this warrant immediately on the execution thereof.

Given under my hand and the seal of the Court, at , this day of ,
191 .

Stipendiary Magistrate.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1910, No 30





✨ LLM interpretation of page content

⚖️ Distress Warrant Form Under The Magistrates' Courts Act, 1908 (continued from previous page)

⚖️ Justice & Law Enforcement
Distress Warrant, Magistrates' Courts, Legal Form, Debt Recovery

⚖️ Distress Warrant for the Value of Specific Goods, Damages, and Costs

⚖️ Justice & Law Enforcement
Distress Warrant, Magistrates' Courts, Legal Form, Goods Recovery