2456

Rule 46.

Sec. 122.

Sec. 122.

Secs. 169, 172 : Rule 40.

THE NEW ZEALAND GAZETTE. [No. 73

46

No. 97.

RETURN TO DISTRESS WARRANT WHERE NO EFFECTS.

Magistrate's Court,

held at .

I, , of , , do hereby certify unto the Magistrate's Court sitting at that by virtue of this warrant I have made diligent search for the goods and chattels of the within-named , and that I can find no sufficient goods and chattels of the said whereon to levy the sums within mentioned.

Dated at , this day of , 19.

[To be indorsed on Nos. 91, 92, 93, 94, and 95.]

No. 98.

New Zealand.

" The Magistrates' Courts Act, 1908."

In the Magistrate's Court, held at .

Between

and

, plaintiff,

, defendant.

WHEREAS , of , the defendant, was on the day of , 19 , duly adjudged or ordered by the Magistrate's Court sitting at to return to the plaintiff certain specific goods wrongfully detained by the said defendant-that is to say, [Here specify them]: And whereas the said goods have not been returned according to the said judgment: And whereas a warrant was on the day of issued to the Bailiff of the Court commanding him to seize the said goods, and deliver them to the plaintiff: And whereas the Bailiff has now certified to the Court that he has demanded the said goods, but has been unable to find, obtain possession of, or seize the same: Now, therefore, it is ordered that the said goods be returned by the defendant to the plaintiff forthwith; and, if the defendant refuses or neglects to return the goods for twenty-four hours after service on him of a sealed copy of this order, that he be imprisoned in the prison at for the space of , unless he shall in the meantime cause the goods so detained to be returned to the plaintiff.

Dated at , this day of , 19

(L.S.)

Hours of attendance at the office of the Clerk on , from till , except , when the office will be closed at

Stipendiary Magistrate.

No. 99.

New Zealand.

" The Magistrates' Courts Act, 1908."

In the Magistrate's Court, held at .

Between

and

, plaintiff,

, defendant.

To , Bailiff of the Magistrate's Court, , and to the Gaoler of the prison at .

WHEREAS on the day of , 19 , the plaintiff entered a plaint in accordance with " The Magistrates' Courts Act, 1908," in the Magistrate's Court at , claiming the return or recovery of certain specific goods-viz., [Here specify them]: And whereas on the hearing of the said claim on the day of , 19 , judgment was given by , Esquire, a Stipendiary Magistrate under the said Act, in favour of the plaintiff for the recovery of the said goods, and damages for their detention: And whereas a warrant under the hand of the said Stipendiary Magistrate was issued to the Bailiff of the Court requiring him to demand and seize the said goods: And whereas the Bailiff has certified to the said Stipendiary Magistrate that he has demanded the said goods; and that he was unable to find, obtain possession of, or seize the same: And whereas the said Stipendiary Magistrate, on the application of the plaintiff, on the day of , 19 , ordered the immediate return of the said goods, and by the same order it was further ordered that if the defendant should refuse or neglect to return the said goods after service on him of a sealed duplicate of the said order he should be imprisoned in the prison at for the space of days, unless he should in the meantime cause the said goods to be returned to the plaintiff: And whereas it has been proved to me, the undersigned Stipendiary Magistrate, that a sealed duplicate of the said order was on the day of , 19 , served on the defendant, but that he has not returned the said goods to the plaintiff as required by the said order: Now, therefore, I command you, the said Bailiff, to arrest and apprehend the said defendant, , and him safely convey and deliver to the Gaoler of the prison at , and you, the said Gaoler, to receive him for the space of days, unless the said shall in the meantime cause the said goods to be returned to the plaintiff.

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

Stipendiary Magistrate.

No. 100.

New Zealand.

" The Magistrates' Courts Act, 1908."

In the Magistrate's Court, held at .

Between

and

, plaintiff,

, defendant.

You are hereby summoned to appear at the Magistrate's Court to be held at on the day of , 19 , at the hour of in the forenoon, to answer the claim of the plaintiff