1842
THE NEW ZEALAND GAZETTE.
No. 64

3. That I have just reason to believe that the defendant has since the date of the order to pay
   the debt by instalments had sufficient money to pay the instalment so due [as the case may be].
4. And I undertake to prove to the satisfaction of the Court at the hearing that the debt [Set out
   specifically grounds of fraud if alleged].
   And I am aware that if no order is made I shall have to pay the cost of this summons.
   Witness to signature :
   , Plaintiff [or Agent for Plaintiff].

[Debt Form 7.

APPLICATION FOR SECOND OR SUBSEQUENT JUDGMENT SUMMONS.

The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.

In the Magistrate’s Court held at

Between , of [Address and description], plaintiff, and , of [Address and description], defendant.

I APPLY for the issue of a judgment summons against the said defendant in respect of a judgment [or
order, or decree] of this Court [or of (Here set forth the style or other sufficient description of the Court
which gave the judgment or made the order or decree)] given [or made] on the day of ,
19 , for £ , on the grounds—

1. That on the day of , 19 , the Court refused to make an order on a judgment summons issued out of this Court.
2. That I have just reason to believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the last-mentioned refusal to make an order
   had sufficient money to pay the debt ; or
3. That I have just reason to believe that the defendant has, since the date of the refusal to make
   an order referred to in paragraph 1 hereof, in respect of the payment of the debt by instalments, had
   sufficient money to pay the instalment due on the day of , 19 .
4. And I undertake to prove to the satisfaction of the Court at the hearing that the debt [Set out
   specifically grounds of fraud if alleged].
   And I am aware that if no order is made I shall have to pay the cost of this summons.
   Witness to signature :
   , Plaintiff [or Agent for Plaintiff].

[Debt Form 8.

AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT.

The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.

In the Magistrate’s Court held at

Between , of [Address and description], plaintiff, and , of [Address and description],
defendant.

I, , the above-named plaintiff [or agent for the above-named plaintiff], make oath and say,—

1. That on the day of , 19 , I [or the above-named plaintiff] obtained a
   judgment [or order, or decree] in [Here set forth the style of the Court in which judgment, decree, or order
   obtained] against , the above-named defendant, for the payment of the sum of £ .
2. That subsequent costs of execution have been incurred amounting to £ .
3. That the defendant has [not] paid [any part of the debt] the sum of £ towards the
   said debt.
4. That there is still due on the said judgment [or order, or decree] the sum of £ .
5. That I believe that the defendant, after providing for the reasonable maintenance of himself
   and his family, has since the date of the judgment had sufficient money to pay the debt or [If fraud
   is alleged it must be specified].
   , Plaintiff [or Agent for Plaintiff].

Sworn at , this day of , 19 , before me, , a Justice of the Peace
for New Zealand [or Clerk of Court, or Solicitor].

[Debt Form 9.

AFFIDAVIT IN SUPPORT OF JUDGMENT SUMMONS WHERE MONEY ORDERED TO BE PAID BY INSTALMENTS
IN THE FIRST INSTANCE.

The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.

In the Magistrate’s Court held at

Between , of [Address and description], plaintiff, and , of [Address and description],
defendant.

I, [or solicitor, or agent, for], the above-named plaintiff, make oath and say,—