Destitute Persons Act Forms




JULY 27.] THE NEW ZEALAND GAZETTE. 2315

the day of , at , were, by a maintenance order under authority of the statutes in that behalf, made by , Esquire, a Stipendiary Magistrate for New Zealand sitting at aforesaid, directed and ordered to pay to the Clerk of the Magistrate’s Court for the time being at aforesaid, towards the maintenance of your , the sum of .

And that you have without reasonable cause made default for fourteen days in payment of moneys under the said order, and that there is now due and in arrear for the same the sum of pounds shillings and pence due up to the day of , 191 , contrary to the statute in such case made and provided :

This is to command you to appear on day, the day of , 191 , at o’clock in the forenoon, at the Magistrate’s Court, , before such Stipendiary Magistrate as may then be there, to answer to the said information, and to be further dealt with according to law.

Given under my hand, this day of , 191 , at .

................................
Stipendiary Magistrate
[or Justice of the Peace for New Zealand].

AFFIDAVIT OF SERVICE OF SUMMONS TO BE INDORSED ON BACK OF COPY THEREOF.

I, , constable, of , make oath and say that I duly served a summons, of which a copy is within written, upon , the person to whom the same was directed, by delivering the same to the within-named personally [or by leaving the same for him at his house with , an inmate thereof appearing to be above the age of fourteen years] at , on day, the day of , 191 .

Sworn at , this day of , 191 , before me,—

................................
Justice of the Peace for New Zealand.

——

[Destitute Persons No. 5.
ORDER FOR MAINTENANCE OF DESTITUTE PERSON BY NEAR RELATIVE.

Under the Destitute Persons Act, 1910.

New Zealand, to wit.

Between , Complainant, and , Defendant.

WHEREAS on the day of , 191 , a complaint, on the oath of , of , was made before , Esquire, one of His Majesty’s Justices of the Peace for New Zealand, that is a destitute person, and that the defendant is a near relative of the said of sufficient ability to contribute to the support of the said : And whereas the said complainant prays for an order in accordance with the form of the statute in such case made and provided : And whereas on the day of , 191 , the said complainant [parties] appeared before me, the undersigned, Stipendiary Magistrate sitting at [but the said defendant being duly called did not appear by himself, his counsel, or solicitor, and it was satisfactorily proved to me on oath that the said defendant has been duly served with a summons herein], and having heard the matter of the said complaint [and with the consent filed herein of the said defendant], and having regard to all the circumstances of the case, I do adjudge the same to be true, and do order as follows :—

  1. That the said defendant do pay to the Clerk of the Magistrate’s Court for the time being at , towards the future maintenance of the said complainant, the sum of per week, the first of such payments to be made on the day of , 191 , unless this order be sooner varied or discharged.

  2. That the said do pay to the complainant the costs of this order, amounting to .

Given under my hand, this day of , 191 , at .

................................
Stipendiary Magistrate.

——

[Destitute Persons No. 6.
ORDER FOR MAINTENANCE AFTER BIRTH OF CHILD WHERE AFFILIATION ORDER ALREADY MADE.

Under the Destitute Persons Act, 1910.

New Zealand, to wit.

Between , Complainant, and , Defendant.

WHEREAS on the day of , 191 , a complaint [on the oath of], , of , was made before , Esquire, one of His Majesty’s Justices of the Peace for New Zealand, that an affiliation order was made by , Esquire, Stipendiary Magistrate sitting at , adjudging the said defendant to be the father of the unborn child of , of , and that no order for the maintenance of the said child has yet been made [and that the said defendant has failed or intends to fail to provide adequate maintenance for the said child, or to pay the expenses of and incidental to its birth or death] : And whereas the said child was born on the day of , 191 : And whereas on the day of , 191 , the complainant [parties] appeared before me, the undersigned Magistrate sitting at [but the said defendant being duly called did not appear by himself, his counsel, or solicitor, and it was satisfactorily proved to me on oath that the said defendant has been duly served with a summons to show cause why a maintenance order should not be made against him], and having heard the matter of the said complaint, and being satisfied with the truth thereof, and the said affiliation order having been duly produced in evidence before me at such hearing [and with the consent filed herein of the said defendant], I do order the said defendant to pay to the Clerk of the Magistrate’s Court for the time being at , towards the future maintenance of the said child, the sum of per week, the first of such payments to be made on the day of , 191 , until the said child shall have attained the age of sixteen years, unless this order be sooner varied or discharged.

On account of the expenses of and incidental to the birth of the said child, the sum of .

On account of the expenses of and incidental to the funeral of the said child, the sum of .

On account of the costs of the complainant in this behalf, the sum of .

On account of the past maintenance of the said child before the making of this order, the sum of .

And I do further order and direct the said defendant to give security for his obedience to this order by depositing, within days from the date hereof, the sum of with the Public Trustee, or by a bond in the prescribed form to be executed within days from the date hereof by the said defendant, and by suret to be approved by me or any other Stipendiary Magistrate, to the Public Trustee in the sum of , conditioned for the due obedience by the said defendant of this order.

Given under my hand, this day of , 191 , at .

................................
Stipendiary Magistrate.

——

[Destitute Persons No. 7.
AFFILIATION ORDER.

Under the Destitute Persons Act, 1910.

New Zealand, to wit.

Between , Complainant, and , Defendant.

WHEREAS on the day of , 191 , a complaint, on the oath of , of , was made before , Esquire, one of His Majesty’s Justices of the Peace for New Zealand, that , of , is the mother of an illegitimate male [female] child born on the day of , 191 [is an unmarried woman and is with child], and that the said defendant is the father of such child [ (Delete if complaint by mother or unmarried woman with child), and has failed or intends to fail to provide for its adequate maintenance, or to pay the expenses of and incidental to its birth or death] : And whereas on the day of , 191 , the complainant [parties] appeared before me, the undersigned Stipendiary Magistrate sitting at [but the said defendant being duly called did not appear by himself, his counsel, or solicitor, and it was satisfactorily proved to me on oath that the said defendant has been duly served with a summons to show cause why an affiliation order should not be made against him], and having heard the matter of the said complaint, and being satisfied with the truth thereof [and with the consent filed herein of the said defendant], I do adjudge the said defendant to be the father of the said child, and I do order the said defendant to pay to the Clerk of the Magistrate’s Court for the time being at , towards the future maintenance of the said child, the sum of per week, the first of such payments to be made on the day of , 191 , until the said child shall have attained the age of sixteen years, unless this order be sooner varied or discharged.

On account of the expenses of and incidental to the birth of the said child, the sum of .

On account of the expenses of and incidental to the funeral of the said child, the sum of .

On account of the costs of the complainant in this behalf, the sum of .



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1911, No 61





✨ LLM interpretation of page content

⚖️ Summons to Defendant in Maintenance Case (continued from previous page)

⚖️ Justice & Law Enforcement
Destitute Persons Act, Summons, Maintenance Order, Defendant, Appearance, Court
  • Stipendiary Magistrate
  • Justice of the Peace for New Zealand

⚖️ Affidavit of Service of Summons

⚖️ Justice & Law Enforcement
Destitute Persons Act, Affidavit of Service, Summons, Constable, Personal Service, Court
  • Justice of the Peace for New Zealand

⚖️ Order for Maintenance of Destitute Person by Near Relative

⚖️ Justice & Law Enforcement
Destitute Persons Act, 1910, Maintenance Order, Near Relative, Destitute Person, Stipendiary Magistrate, Court
  • Stipendiary Magistrate

⚖️ Order for Maintenance after Birth of Child (Affiliation Order Made)

⚖️ Justice & Law Enforcement
Destitute Persons Act, 1910, Maintenance Order, Affiliation Order, Child Maintenance, Birth Expenses, Funeral Expenses, Public Trustee
  • Stipendiary Magistrate

⚖️ Affiliation Order

⚖️ Justice & Law Enforcement
Destitute Persons Act, 1910, Affiliation Order, Paternity, Child Maintenance, Birth Expenses, Funeral Expenses
  • Stipendiary Magistrate