APRIL 1.] THE NEW ZEALAND GAZETTE. 1051

I do find the said premises to be deserted and without sufficient distress thereupon, and on the day of the present month of I will return, in obedience to the said warrant, to take a second view thereof; and if upon such second view you, or some person on your behalf, do not appear and pay the said rent in arrear, or there is not sufficient distress on the premises, the said may be put in possession of the said demised premises pursuant to the statute in that case made and provided.

Witness my hand, this day of , 191 . Bailiff.

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

No. 106.

New Zealand. ) WARRANT TO THE BAILIFF OR A CONSTABLE TO DELIVER POSSESSION
“ The Magistrates’ Courts } OF DESERTED PREMISES TO LANDLORD.
Act, 1908.” Plant No. .

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

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

WHEREAS on the day of last information and request was made to me, , Stipendiary Magistrate, sitting at , by , of , for that [Setting forth the matter as in the information]: And whereas I did thereupon issue my warrant authorising and commanding , Bailiff of the Court aforesaid, to enter upon and view the premises in the said information mentioned, and to affix upon the most conspicuous part thereof a notice stating upon what day he would return to take a second view thereof, pursuant to the statute in such case made and provided: And whereas it appears to me by the return of the said to the said warrant that the said went upon and viewed the said premises, and affixed thereupon such notice as aforesaid, and that the said , upon the day in such notice mentioned, returned to the said premises and took a second view thereof, and that neither the tenant nor any person on his behalf appeared and paid the rent in arrear, nor was there sufficient distress on the premises to countervail the arrears of rent: This is therefore to authorise and command you, on or before the day of , 191 , to enter upon the said demised premises, with such assistants as you deem necessary, between the hours of nine in the morning and four in the afternoon, and to deliver possession thereof to the said , and for your so doing this shall be your sufficient warrant.

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

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

No. 107.

New Zealand. )
“ The Magistrates’ Courts } BOND TO BE GIVEN BY DEFENDANT UNDER SECTION 178.
Act, 1908.” Plant No. .

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

KNOW all men by these presents that we, , of , and , of , and , of , are jointly and severally held and firmly bound to , of , in the sum of £ to be paid to the said , for which payment to be made we bind ourselves and each and every of us jointly and severally firmly by these presents.

Sealed with our seals and dated at , this day of , one thousand nine hundred and .

WHEREAS on , the day of last past, the above-named entered a plaint against the above-bounden in the Magistrate’s Court held at to recover possession of [Here describe the tenements sought to be recovered]: And whereas the above-bounden disputes the right of the said to the possession of the said tenements, and is ready to sue the said with effect and without delay in a Court of competent jurisdiction; and in case the plaintiff does not recover judgment in such action, or discontinues, or is nonsuited, to pay to the defendant the costs which the defendant is therein adjudged to recover, and also the costs of the proceedings in the Magistrate’s Court, and damages for the illegal occupation of the land up to the time of such judgment: And whereas the security intended to be hereby given has been approved of by , Stipendiary Magistrate, as appears by his allowance at the foot hereof: Now the condition of this obligation is such that if the above-bounden shall sue the above-named with effect and without delay in a Court of competent jurisdiction, and if in case the plaintiff does not recover judgment in such action, or discontinues, or is nonsuited, the above-bounden , or , or any of them, shall pay to the said , his executors, administrators, or assigns, the costs which the defendant is therein adjudged to recover, and also the costs of the proceedings in the Magistrate’s Court, and damages for the illegal occupation of the land up to the time of such judgment, then this obligation shall be void, otherwise shall remain in full force. (Signed.)

Signed, sealed, and delivered by the above-bounden and in the presence of .

I APPROVE of this bond. Stipendiary Magistrate.

No. 108.

New Zealand. )
“ The Magistrates’ Courts } NOTICE OF APPEAL.
Act, 1908.” Plant No. .

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

TAKE notice that the intends to appeal to the Supreme Court against the judgment [or order] of , Esquire, Stipendiary Magistrate, given or made on the hearing of the above action at