JUNE 1.] THE NEW ZEALAND GAZETTE. 1845

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.]

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

[Debt Form 15.

JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT OF A MAGISTRATE’S COURT.

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

No. of plaint: /19
No. of judgment summons: /19

In the Magistrate’s Court held at .

Between , of [Address and description], plaintiff, and , of [Present address and description, and, if known, place of employment], defendant.

WHEREAS the plaintiff obtained a judgment [or, if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above-named defendant, in the Magistrate’s Court held at , on the day of , 19 , for the payment of £ for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to £ :

And whereas it appears you have made default in payment of the sum payable in pursuance of the said judgment [or order], and that there is now due and owing thereunder to the plaintiff the sum of £ :

You are therefore hereby summoned to appear personally at the Magistrate’s Court at [Place where Court holden], on the day of , 19 , at the hour of in the noon, to be examined on oath by the Court as to whether [Strike out paragraph No. 1 or 2 so as to follow application]—

(1.) After providing for the reasonable maintenance of yourself and your family you have not since the date of the judgment [or order] had sufficient money to pay the debt ; or
(2.) You have not 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] ; or
(3.) [If fraud is alleged it must be specifically stated as in the application for judgment summons] ;

and also to show cause why you should not be committed to prison for such default.

Given under my hand, and the seal of the Court, this day of , 19 , Clerk of the Court.

£ s. d.

Amount of judgment [or order] and costs .. .. .. .. .. ..
Costs of warrant against the goods, if any .. .. .. .. .. ..
Costs of previous judgment summons .. .. .. .. .. ..

Deduct{Paid on account .. .. .. .. .. ..
Amounts which were not required to have been paid before the date
of summons .. .. .. .. .. ..

Sum payable .. .. .. .. .. .. ..
Costs of the summons .. .. .. .. .. .. ..

Amount upon the payment of which no further proceedings will be had until default in payment of next instalment .. .. .. .. .. .. £

I, , Bailiff of the Magistrate’s Court at , do swear that I have duly served the within-named with a summons, a true copy of which is within written, by delivering the same to him personally at , on the day of , 19 .

[Signature of Deponent.]

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