Legal Forms




1854
THE NEW ZEALAND GAZETTE.
[No. 64

[Debt Form 26.

ORDER FOR RELEASE OF JUDGMENT DEBTOR.

The Imprisonment for Debt Limitation Amendment Act, 1914, and the Magistrates’ Courts Act, 1908.

Between __, judgment creditor, and __, judgment debtor.

I, __, Clerk of the Court at __, hereby certify that __, the judgment debtor in the above action, has applied for a rehearing of the summons upon which the warrant of commitment dated the __ day of __ was issued, and the Court [or Magistrate] has suspended the said warrant; and you are hereby required to release the said judgment debtor until the final order of the Court on the said application.

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

__, Clerk of the Court.

To the Gaoler at __.


[Debt Form 27.

NOTICE TO REARREST JUDGMENT DEBTOR.

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

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 __: Greeting.

Between __, of __, plaintiff, and __, of __, defendant.

WHEREAS defendant was released from custody under Rule 42 of Rules for Magistrates’ Courts under the Imprisonment for Debt Limitation Act, pending the rehearing of a judgment summons heard in the Magistrate’s Court at __, on the __ day of __:

And whereas the order made on the said __ day of __ was affirmed:

Now, therefore, this is to command you, the said __ and others, to rearrest the said 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 said defendant and him safely keep for the unexpired term of the warrant issued herein on the __ day of __, unless otherwise discharged in due course of law.

Given under my hand, this __ day of __, 19____.

__, Clerk of the Court.


[Debt Form 28.

SUMMONS TO WITNESS.

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

In the Magistrate’s Court held at __.

In the matter of a judgment summons bearing date the __ day of __, 19____.

Between __, of __, plaintiff, and __, of __, defendant.

You are hereby required to attend at the __ Courthouse, at __, on __, the day of __, 19, at the hour of __ in the __ noon, to give evidence in the above matter on behalf of the plaintiff [or defendant], and then and there to have and produce [Here state any particular documents required] and all other books, papers, writings, and other documents relating to the said matter which may be in your custody, possession, or control. In default of your attendance you will be liable to a penalty of £10.

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

__, Clerk of the Court.

To __, of __.


AFFIDAVIT OF SERVICE OF WITNESS-SUMMONS.

I, __, of [Address and description], do swear that I served the within-named __ with a summons, a true copy of which is within written, by delivering the same to him personally on day, the __ day of __, 19, at __. [If expenses tendered or paid, say so.]

Sworn at __, this __ day of __, 19, before me, __, Clerk of the Court [or Justice of the Peace, or Solicitor].



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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 for Release of Judgment Debtor (continued from previous page)

⚖️ Justice & Law Enforcement
Debt, Release, Judgment Debtor, Magistrates' Courts

⚖️ Notice to Rearrest Judgment Debtor

⚖️ Justice & Law Enforcement
Debt, Rearrest, Judgment Debtor, Magistrates' Courts

⚖️ Summons to Witness

⚖️ Justice & Law Enforcement
Debt, Witness, Summons, Magistrates' Courts

⚖️ Affidavit of Service of Witness-Summons

⚖️ Justice & Law Enforcement
Debt, Affidavit, Witness, Summons, Magistrates' Courts