Legal Forms and Notices




June 1.] THE NEW ZEALAND GAZETTE. 1853

I, , Bailiff of the Magistrate’s Court held at , do hereby make oath and say:—

  1. That I duly served the within , the defendant, with an order on a judgment summons, a true copy of which said order is endorsed hereon, by delivering the same to him personally at , on the day of , 19 .
    Sworn at , this day of , 19 , before me, , Clerk of Court [or Justice of the Peace for New Zealand, or Solicitor].

[Debt Form 24.

WARRANT OF COMMITTAL.
The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.
No. of Plaint: .

In the Magistrate’s Court held at .
To , the Bailiff of the Magistrate’s Court at , and to , the Gaoler or Keeper of the prison at , known as : Greeting.
Between , of , plaintiff, and , of , defendant.
WHEREAS by an order bearing date the day of , 19 , and issued out of this Court, it was ordered that unless the defendant should pay into this Court at [Copy exact terms of order] the sums so due and payable as aforesaid, together with the prescribed costs, or should file such affidavit as is mentioned in Rule 37 of the Rules for the Magistrates’ Courts under the Imprisonment for Debt Limitation Act, 1908, he should be committed to the public prison at , known as , for :
And whereas such order was duly served on the defendant upon the day of , 19 :
And whereas the defendant has not paid the sums in the said order mentioned in the manner therein directed, but therein has made default, and there is now due and owing under the said order the sum stated below :
These are therefore to require you, the said and others, to take the defendant and deliver him to the Gaoler or Keeper of the prison known as at , and you, the said Gaoler or Keeper, to receive the defendant and him safely keep in the said prison for from the date of his arrest under the said order, unless he shall sooner pay the sum stated below as that upon payment of which he is to be discharged, or be otherwise discharged by due course of law.
Given under my hand, and the seal of the Court, this day of , 19 .
Clerk of the Court.

£ s. d.
Amount of judgment summons remaining due .. .. ..
Cost of warrant of committal .. .. ..
———
Amount upon the payment of which the defendant is to be discharged .. £
———

[Debt Form 25.

APPLICATION FOR REHEARING.
The Imprisonment for Debt Limitation Act, 1908, and Imprisonment for Debt Limitation Amendment Act, 1914.

Between A. B., judgment creditor, and C. D., judgment debtor.
I, , the above-named judgment debtor, hereby apply for a rehearing of the judgment summons heard in the Magistrate’s Court at , on the day of , 19 , on the following grounds [State specifically the grounds, and if grounds have reference to the means of the judgment debtor to pay debt set out in detail his earnings and expenses since date of judgment]:—
(1.)
(2.)
(3.)
I, the above-named judgment debtor, swear [or declare] that the facts above set forth are true and correct in every particular.
, Judgment Debtor.
Sworn [or declared] at , this day of , 19 , before me—
, a Justice of the Peace for New Zealand [or Solicitor, or Clerk of Court].

The above application will be heard in the Magistrate’s Court at , on the day of , 19 , at , in the noon.
, Clerk of the Court.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1916, No 64


NZLII PDF NZ Gazette 1916, No 64





✨ LLM interpretation of page content

⚖️ Order on a Judgment Summons When Issue of Warrant of Committal Suspended (continued from previous page)

⚖️ Justice & Law Enforcement
Judgment Summons, Warrant of Committal, Debt, Magistrates' Courts

⚖️ Warrant of Committal Form

⚖️ Justice & Law Enforcement
Warrant of Committal, Debt, Imprisonment, Magistrates' Courts

⚖️ Application for Rehearing Form

⚖️ Justice & Law Enforcement
Rehearing, Judgment Summons, Debt, Magistrates' Courts