Nov. 2.] THE NEW ZEALAND GAZETTE 3269

by summons before a Judge. Such summons shall be in the form No. 33B printed hereunder, with such variations as circumstances may require.

385I. The service of the summons, wherever it may be practicable, shall be personal; but if it appear to the Judge that reasonable efforts have been made to effect personal service, and either that the summons has come to the knowledge of the debtor, or that he wilfully evades service, an order may be made as if personal service had been effected, upon such terms as to the Judge may seem fit.

385J. Proof of the means of the debtor, or other matters specified in the subsections of section 5 of the said Act, shall, whenever practicable, be given by affidavit; but if it appear to the Judge, either before or at the hearing, that a viva voce examination, either of the debtor or of any other person, or the production of any document, is necessary or expedient, an order may be made commanding the attendance of any such person before the Judge, at a time and place to be therein mentioned, for the purpose of being examined on oath touching the matter in question, and (where the production of any document is necessary or expedient) for the production of any such document, subject to such terms and conditions as to the Judge may seem fit. The disobedience to any such order shall be deemed a contempt of Court, and punishable accordingly.

385K. The order of committal shall be in the form No. 33C printed hereunder, with such variations as circumstances may require.

385L. Upon payment of the sum or sums mentioned in the order (including the Sheriff’s fees) the debtor shall be entitled to a certificate in the form No. 33D printed hereunder, or to the like effect, signed by the solicitor in the action of the creditor, or signed by the creditor and attested by a solicitor on his behalf, or a Justice of the Peace.

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FORMS.

No. 11A.—FORM OF ORDER FOR DISCOVERY.

, the day of , 19 .

It is ordered that the defendant [or plaintiff] do, within ten days from the service of this order, make discovery on oath of all documents that are or have been in his possession or power relating to any matter in question in this action, and that the question of the costs of and incidental to this order be reserved.

, Registrar.

No. 33A.—FORM OF ORDER FOR ARREST UNDER SECTION 55.

In the Supreme Court of New Zealand,
District.

Between , Plaintiff, and , Defendant.

Upon reading the affidavit of , I do order that the defendant be arrested and imprisoned in the public prison at for months from the date of his arrest, including the day of such date, unless and until he shall sooner deposit in the Court the sum of £ by way of security, or give to the plaintiff a bond executed by him and two* sufficient sureties in the penalty of , or some other security satisfactory to the plaintiff that he will not go out of New Zealand without the leave of the Court† [or that any sum recovered against him in this action shall be paid, or that he shall be rendered to prison]. And I order that the Sheriff of do, within one calendar month from the date hereof, including the day of such date, and not afterwards, take the defendant for the purpose aforesaid, if he shall be found in the said Sheriff’s district.

No. 33B.—FORM OF SUMMONS FOR COMMITTAL.

In the Supreme Court of New Zealand,
District.

Between A. B., Plaintiff, and C. D., Defendant.

Let the above-named defendant attend before His Honour Mr. Justice , at his Chambers, Supreme Court House, at 11 o’clock in the forenoon, to show cause why, in default of his satisfying the judgment obtained against him by the plaintiff in this Court on the day of , 19 , for the sum of £ , an order should not be made under the provisions of the Imprisonment for Debt Limitation Act, 1908, committing him to prison, and why an order should not be made as to the costs of this application upon the grounds: [Here set out specifi-

cally such one or more of the grounds mentioned in section 7 of the Act as the plaintiff relies on.]

Dated this day of , 19 .

, Registrar.

This summons is issued by the plaintiff in person [or solicitor for the plaintiff], whose address for service is [Here specify an address for service within three miles of the registry from which the summons is issued where any notices, summonses, orders, or other proceedings in connection with the application may be served on the plaintiff].

No. 33C.—FORM OF ORDER FOR COMMITTAL.

In the Supreme Court of New Zealand,
District.

Between A. B., Plaintiff, and C. D., Defendant.

Upon reading the summons issued herein on the day of , 19 , and the affidavits of sworn and filed herein, and upon hearing the parties and [if oral evidence is given] the evidence adduced by them, and it having been proved that the judgment obtained by the plaintiff against the defendant in this Court on the day of , 19 , for the sum of £ , is still unsatisfied, and that the defendant has [Set out the ground or grounds on which the order is made under section 7 of the Act], I do order that, unless within days from the date of this order the defendant shall pay into the registry of this Court at the amount of the said judgment, together with interest thereon from the date thereof at the rate of £5 per centum per annum, and the sum of £ for costs, the defendant shall be committed to the public prison at for the term of months from the date of his arrest, including the day of such date, or until he shall pay the amount of the said judgment, with interest and costs as aforesaid, and the Sheriff’s fees for the execution hereof; and I do further order that the Sheriff of the district of do take the defendant for the purpose aforesaid if he shall be found within his district.

Dated on , the day of , 19 .

No. 33D.—CERTIFICATE OF PAYMENT.

I CERTIFY that A. B., now in the gaol of , upon an order of His Honour Mr. Justice , at the suit of C. D., for non-payment of a debt of pounds, has satisfied the said debt, together with the costs mentioned in the said order, and Sheriff’s fees.

Dated , 19 .

E. F., of ,

Solicitor for the said C. D. [or C. D., of ].

Witness to the signature of C. D.—G. H., of ,

his Solicitor [or J. K., of , Justice of the Peace].

J. F. ANDREWS,
Clerk of the Executive Council.

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Appointment of Representation on Hospital and Charitable Aid Boards.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fifth day of October, 1911.

Present:

THE HONOURABLE SIR JAMES CARROLL, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by Order in Council made under the Hospitals and Charitable Institutions Act, 1909, on the twenty-fourth day of February, one thousand nine hundred and ten, and published in the Gazette of the twenty-fifth day of February then instant, an appointment was made in regard to the representation of contributory districts on Hospital and Charitable Aid Boards: And whereas since the date of such Order in Council certain new contributory districts have been created, and it is expedient to give such contributory districts representation on the Boards of the Hospital and Charitable Aid Districts in which they are situated:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance and exercise of the power and authority conferred on him by the said Act, doth hereby make the appointment of representation set forth in the Schedule hereto; and the Schedule to the Order in Council of the twenty-fourth day of February, one thousand nine hundred and ten, is hereby amended in so far as it differs from the appointment made in the Schedule hereto; and the day of the first election of