Destitute Persons Act Forms




JULY 27.] THE NEW ZEALAND GAZETTE. 2317

penal sum of £ , to be paid to the said Public Trustee; for which payment to be well and truly made we bind ourselves and each of us, and our and each of our heirs, executors, and administrators, jointly and severally, by these presents.

Sealed with our seals, and dated this day of , 191 .

Whereas on the day of , 191 , an order was made against the said by , Esquire, Stipendiary Magistrate sitting at , on the complaint of [Name, address, and occupation of complainant], of , whereby the said was ordered to pay to the Clerk of the Magistrate’s Court for the time being at , for the maintenance of the said [State effect of order], the sum of per ; the first of such payments to be made on the day of , 191 :

Now, the condition of this bond is such that if the said shall comply with the conditions of such order in all respects, then this bond shall be void and of none effect, but otherwise it shall remain in full force and virtue.

Signed, sealed, and delivered by the said in the presence of—

Signed, sealed, and delivered by the said in the presence of—

Signed, sealed, and delivered by the said in the presence of—

[Destitute Persons No. 12.

WARRANT OF COMMITMENT UNTIL ORDER REQUIRING SECURITY COMPLIED WITH.

Under the Destitute Persons Act, 1910.

New Zealand, to wit.

To the Constables of New Zealand, and to the Gaoler of His Majesty’s Prison at .

WHEREAS on the day of , 191 , at , in the Dominion of New Zealand, a complaint was made [on oath] before , Esquire, one of His Majesty’s Justices of the Peace for New Zealand, that [State effect of complaint] :

And whereas on the hearing of the said complaint before , Esquire, Stipendiary Magistrate sitting at , an order was made by the said Magistrate, dated the day of , 191 , ordering the said to pay to the Clerk of the Magistrate’s Court for the time being at , for the maintenance of the said [State effect of order], the sum of per ; the first of such payments to be made on the day of , 191 .

[This paragraph to be omitted where defendant was ordered to give security in the first order.] And whereas by an order dated the day of , 191 , and made by , Esquire, Stipendiary Magistrate sitting at , the said was ordered to give security for his obedience to the said hereinbefore first-recited order: And whereas the said has neglected to give such security as aforesaid :

This is therefore to command you the said constables to take the said and him safely convey to His Majesty’s Prison at and there deliver him to the Gaoler thereof, together with this precept; and I do hereby command you the said Gaoler of the said prison to receive the said into your custody, and him safely to keep in the said prison until he shall duly give such security as aforesaid, or be discharged according to law.

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

Stipendiary Magistrate.

NOTE.—By section 30, subsection (5), of the Destitute Persons Act, 1910, no person shall be imprisoned under any such warrant for a longer period than six months.

[Destitute Persons No. 13.

ORDER AGAINST ESTATE OF DECEASED PARENT OF ILLEGITIMATE CHILD.

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 , was the father [mother] of an illegitimate male [female] child named under the age of sixteen years—to wit, of the age of (born on the day of 191 ), and that the said died on the day of , 191 , and that the said defendant has been duly appointed the executor [administrator] of the estate 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 defendant has been 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 order that the said defendant do pay to the Clerk of the Magistrate’s Court for the time being at , out of the estate of the said , the sum of [per week], for the future maintenance of the said child until it attains the age of years, the first of such payments to be made on the day of , 191 .

And I do further order that the said defendant do pay the costs of this order, amounting to the sum of .

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

Stipendiary Magistrate.

[Destitute Persons No. 14.

ATTACHMENT ORDER.

Under the Destitute Persons Act, 1910.

New Zealand, to wit.

Between , Complainant, and , Defendant.

WHEREAS on the day of , 191 , upon the complaint of the said complainant, an order was made by , Esquire, Stipendiary Magistrate sitting at , directing the said defendant to pay to the Clerk of the Magistrate’s Court for the time being at , for the maintenance of the said [State effect of order], the sum of per ; the first of such payments to be made on the day of , 191 :

And whereas it has been proved to my satisfaction that , of , is the employer of the said defendant: Upon the application of , of , filed herein, I do order that the moneys due and payable and at any time to become due and payable under the said order shall, by way of weekly payments of per week, be a charge on the wages [salary] which from time to time and at any time while this order remains in force become due and payable by the said to the said defendant.

And I do further order the said , out of the wages [salary] which from time to time and at any time while this order remains in force become due and payable by the said to the said defendant, to deduct the sum of per week, the first deduction to be made on the day next following the date upon which a duplicate of this order shall be served upon the said , either personally, or by leaving the same at his place of abode or his place of business or at any of his places of business, and thenceforward on every day; and to pay the said sum of per week so deducted, as and when deducted, to the Clerk of the Magistrate’s Court for the time being at until this order be varied, suspended, or cancelled.

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

Stipendiary Magistrate.

[Destitute Persons No. 15.

WARRANT OF DISTRESS.

Under the Destitute Persons Act, 1910.

New Zealand, to wit.

To , Constable, and to all other Constables in the Dominion of New Zealand.

WHEREAS on the day of , 191 , upon the complaint of , of , an order was made by , Esquire, Stipendiary Magistrate sitting at , directing , of , to pay to the Clerk of the Magistrate’s Court for the time being at , for the maintenance of the said [State effect of order], the sum of per ; the first of such payments to be made on the day of , 191 :

And whereas the said has neglected or failed to make certain payments directed by the said order, to wit [State payments not made], for the space of one week prior to the day of the date hereof :



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1911, No 61





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