1838
THE NEW ZEALAND GAZETTE.
[No. 64

22. When the Court refuses to make an order on a judgment summons the judgment creditor shall not be entitled to add the cost of the application for such order, or of any certificate of judgment or order obtained in respect thereof, to the judgment debt for any purpose whatever.

23. Where the Court makes an order on a judgment summons altering the terms of the original judgment or order by ordering the payment of the same by instalments, the judgment creditor shall not be entitled to add the cost of obtaining such order to the judgment debt for any purpose whatever unless the Court making such order specially orders the payment of such costs by the judgment debtor. No such order for payment shall be made unless it be proved to the satisfaction of the Court that the judgment debtor has had, since the date of the judgment or order, sufficient money to pay the judgment debt as in the Act provided.

24. Subject to the foregoing rule, whenever an order is made on a judgment summons the costs of obtaining the same shall be added to the judgment debt, and shall form part thereof for all purposes, unless the Court otherwise orders.

25. When the Court has refused to make an order on a judgment summons the judgment creditor may at any time thereafter apply in the prescribed form, accompanied by an affidavit in the prescribed form, for a second or subsequent judgment summons in the same manner and with the same consequences as if no previous judgment summons had been issued: Provided that on the hearing of any such second or subsequent judgment summons the judgment creditor shall not be entitled to examine the judgment debtor as to his means of paying the debt prior to the date of the hearing of the previous judgment summons unless the judgment creditor first satisfies the Court that since the date of the previous hearing he has discovered that the judgment debtor had, prior to the previous hearing sufficient money to pay the said debt, and that such money was unknown to the judgment creditor, and he had no reasonable opportunity of discovering the same at or prior to such previous hearing.

26. Whenever and as often as any moneys payable by instalments remain unpaid on any judgment or order of any Court, whether the order for payment by instalments was made at the time of giving or making the judgment or order, or by an order for payment by instalments, without default, made on the hearing of a judgment summons, the judgment creditor may from time to time apply to the Court for a judgment summons in respect of such instalments.

No person shall be punished twice in respect of the same default: Provided that, on any judgment summons issued on default of payment of any instalment, if it appear to the Court at the hearing that the defendant, since the date of the order to pay the debt by instalments, has or has had sufficient money to pay the instalment in respect of which the judgment summons is issued, together with all prior instalments (if any), the Court may make an order in respect of such moneys notwithstanding that a previous order of commitment may have been made in respect of the same moneys on proceedings taken for default in payment of any prior instalment.

27. The Court, on making an order of committal for default in payment of a judgment debt or instalment thereof, may of its own motion, or on the application of either of the parties, order that such warrant of commitment may be suspended as long as the judgment debtor pays into Court such sums at such times as the Court orders. No such warrant shall issue out of such Court so long as the judgment debtor makes such payments as aforesaid. If the judgment debtor fails to make such payment as aforesaid such warrant may issue forthwith in respect of the whole debt, or such part as remains unpaid, as if no such order of payment or of suspension had been made: Provided that before issuing such warrant the Clerk shall note on such warrant any sums paid in pursuance of such order. All payments made under such order shall be paid into Court and not to the judgment creditor.

28. An order made under section 4 of the Act on an order or judgment of a Magistrate’s Court shall be in the form No. 20, and an order made under this Act on an order or judgment of any other Court shall be in the form Nos. 21 or 22; and every such order shall, on whatever day it may be issued from the Clerk’s office, bear date on the day on which the order on the judgment summons was made, and shall continue in force for one year from such date and no longer.

29. When an order on a judgment summons has been made the judgment debtor may, at any time before his body is delivered into the custody of the Gaoler, pay to the bailiff the amount endorsed on the warrant as that on the payment of which he may be discharged; and on receiving such amount the bailiff shall discharge such debtor, and shall within twenty-four hours after receiving such amount pay over the same to the Clerk of the Magistrate’s Court of which he is an officer.

30. The sum endorsed upon the order on a judgment summons, or endorsed upon the warrant of committal as that upon payment of which the prisoner may be discharged, may be paid to the Clerk of the Court from which the order or warrant was issued, or to the Gaoler in whose custody the prisoner is. Where it is paid to the Clerk he shall sign and seal a certificate of such payment, and upon receiving such certificate by post or otherwise the Gaoler in whose custody the prisoner shall then be shall forthwith discharge such prisoner, and where it is paid to the Gaoler he shall, upon payment to him in cash or by post-office order of such amount, together with costs sufficient to pay for transmitting such