JUNE 1.] THE NEW ZEALAND GAZETTE. 1851

Now, therefore, it is ordered that unless the defendant shall pay into this Court at forth-
with [or on or before the day of , 19 ; or by instalments of £ on the
day of each , commencing on the day of , 19 ], the sums so due and payable as aforesaid, together with the prescribed costs, or shall file such affidavit as is mentioned in
Rule 36 of the Rules for Magistrates' Courts under the Imprisonment for Debt Limitation Act, 1908,
he shall be committed to the public prison at , known as , for .
Given under my hand, and the seal of the Court, this day of , 19 .
, Stipendiary Magistrate.

Amount of judgment [or order] remaining due
Cost of judgment summons

Amount upon the payment of which the order is to be discharged .. £

Subject as above, this order remains in force one year from the date hereof.

[Debt Form 22.

ORDER UPON A JUDGMENT SUMMONS ALTERING ORIGINAL ORDER OR JUDGMENT.
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 holden at

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

WHEREAS the plaintiff obtained a judgment [or order] against the defendant in the Court
holden at , on the day of , 19 , for the payment of £ , together
with £ for costs, and in payment thereof, or of £ , part thereof, the defendant hath
made default [or as the case may be]:

[Or, Whereas by a decree [or order] made by the Court [or as the case may be], on
the day of , 19 , the defendant was ordered to pay to the plaintiff the sum of
£ , and there is now due and payable upon the said decree [or order] the sum of £ :]

And whereas the said judgment [or order] was removed by certificate of judgment [or under section 139 of the Magistrates' Courts Act] into this Court, and a summons was, at the instance of the
plaintiff, duly issued out of this Court, by which the defendant was required to appear personally at
this Court on the day of , 19 , to be examined on oath as to whether [Here specify
such of the matters as were stated in summons]

(1.) After providing for the reasonable maintenance of himself and his family he had not
since the date of the judgment [or order, or decree] had sufficient money to pay the
debt; or
(2.) He had not since the date of the order to pay the debt by instalments had sufficient
money to pay the instalment so due; or
(3.) [If fraud is proved state specifically];

and to show cause why he should not be committed to prison for such default; which summons was
proved to this Court to have been duly served on the defendant; and application has been made to
vary or alter the said recited judgment [or order, or decree]:

Now, therefore, it is ordered that the defendant do pay the amounts still due on the said judgment [or order, or decree], and the costs of the said summons, as stated at the foot of this order, to the
Clerk of this Court, by instalments of £ , on the day of the months of , the
first payment to be made on the day of , 19 , and the said recited judgment
[or order, or decree] is hereby varied accordingly.

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

Amount of judgment [or order] remaining due
Cost of judgment summons, and its hearing

Total sum due .. £