✨ Magistrates Court Forms
1050
THE NEW ZEALAND GAZETTE.
[No. 30
securities for money of the defendant which may be there found, 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 to pay what you shall so levy forthwith to the Clerk of this Court, and to make return to me of what you shall do under this warrant immediately on the execution thereof.
Given under my hand and the seal of the Court, at __, this __ day of __, 191__.
Stipendiary Magistrate.
Amount adjudged to be paid .. £ : :
Warrant .. .. .. : :
Mileage .. .. .. : :
Amount to be levied .. £ : :
NOTICE.—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 tenement of which possession is to be given, and mileage at the same rate to the place where any seizure of goods is made, if sufficient distress is not found on such tenement.
The goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they are of a perishable nature, or at the request of the defendant.
If the amount to be levied is paid to the Bailiff within one hour after seizing, he is not to receive any further sum than the amount directed to be levied as stated above, with mileage.
The cost of keeping possession of goods seized is not to exceed ten shillings per day.
Application was made to the Stipendiary Magistrate for this warrant at __ minutes past the hour of __ in the __ noon of the __ day of __, 191.
Hours of attendance at the office of the Clerk on ____, from __ till __, except on __, when the office will be closed at __.
No. 103.
New Zealand.
“ The Magistrates’ Courts } INFORMATION AND REQUEST OF LANDLORD FOR POSSESSION WHERE
Act, 1908.” TENANT HAS DESERTED PREMISES LEAVING RENT DUE.
In the Magistrate’s Court, held at __. Plant No. __.
Between
__, plaintiff,
and
__, defendant.
THE information and request of __, of __, taken and made before me, __, Esquire, Stipendiary Magistrate at __, this __ day of __, 191, who says that he the said ____ did demise at rack-rent [or at a rent three-fourths of the yearly value] the house [lands, or tenements, now or late called __] situate at __ in the said district, and that __, of __, is the tenant holding the same, and that on the __ day of __ last past there was in arrear and due unto him, the said __, from him, the said __, rent thereof amounting to the sum of __, and that he, the said __, has deserted the said demised premises and left the same uncultivated and unoccupied, so that no sufficient distress can be had to countervail the arrears of rent. Whereupon he, the said __, doth request me, the said Magistrate, to command the Bailiff of the Court or some constable to go upon and view the premises, and affix on the most conspicuous part thereof notice in writing on what day he will return to take a second view, in order that he, the said __, as such landlord and lessor, may be put into possession of the said premises according to the Act in that case made and provided.
Taken before me the day and year first mentioned, at __.
Stipendiary Magistrate.
No. 104.
New Zealand.
“ The Magistrates’ Courts } WARRANT TO BAILIFF TO GO AND VIEW DESERTED TENEMENT
Act, 1908.” AND AFFIX NOTICE THEREUPON.
In the Magistrate’s Court, held at __. Plant No. __.
Between
__, plaintiff,
and
__, defendant.
To __, Bailiff of the Magistrate’s Court [or Constable stationed at __].
WHEREAS an information and request has this day been made before me, __, Esquire, Stipendiary Magistrate, sitting at __, by __, who says that [as in the information], and the matter of such information has now been proved to my satisfaction upon oath: This is to authorise and command you, the said __, to go upon and view the premises, and if upon such view you find the said premises to be deserted and without sufficient distress thereupon you are hereby authorised and commanded to affix upon the most conspicuous part thereof notice in writing that on a day to be in such notice mentioned, and not being less than fourteen days from such first view, you will return to take a second view thereof, and that if upon such second view the tenant or some person on his behalf does not appear and pay the rent in arrear, and there is no sufficient distress on the premises, the said __ may be put in possession of the said demised premises, pursuant to the statute in such case made and provided. And you are hereby further authorised and commanded to return to such premises and take a second view thereof upon the day to be in such notice mentioned, and to certify to me, the said Magistrate, on or before the __ day of __ next, what you have done hereunder, and whether upon such second view as aforesaid any person appeared and paid the rent in arrear, or whether there is then sufficient distress on the premises to countervail the arrears of rent.
Given under my hand and the seal of the Court, this __ day of __, 191, at ____.
Stipendiary Magistrate.
No. 105.
New Zealand.
“ The Magistrates’ Courts } NOTICE TO BE AFFIXED ON DESERTED PREMISES.
Act, 1908.”
In the Magistrate’s Court, held at __. Plant No. __.
Between
__, plaintiff,
and
__, defendant.
To [the tenant].
TAKE notice that on __, the __ day of __ last, information and request was made to __, Stipendiary Magistrate, sitting at __, by __, of __, for that [Setting forth the matter as in the information]. And the said Stipendiary Magistrate thereupon issued his warrant authorising and commanding me, __, to come upon and view the said demised premises; and
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NZ Gazette 1910, No 30