Legal Forms and Notices




2458

THE NEW ZEALAND GAZETTE.

[No. 73

48

shillings and pence for rent or mesne profits [or rent and mesne profits, or damages,
and pounds shillings and pence for costs], making together the sum of
pounds shillings and pence* [Insert here, if possession is to be given on account of non-
payment of rent in arrears, instead of the words between asterisks: “ or else should, on or before the
day of , 19 , pay to the said the rent in arrear and the sum of £
for costs ”]: And whereas it was further ordered by the Court that this warrant should issue: \
This is therefore to authorise and require you, on or before the day of , 19 , to
enter, by force if needful, into the premises, between the hours of nine in the morning and four in the
afternoon, and to give possession of the said hereinbefore-mentioned premises to the plaintiff. And
this is further to require and order you forthwith to make and levy by distress and sale of the goods
and chattels of the defendant, wheresoever they may be found (except the wearing-apparel and bed-
ding of the defendant or his family, and the tools and implements of his trade, if any, to the value in all
of twenty-five pounds), the said sum, and the costs of this warrant and execution; and also to seize
and take any money or bank-notes, and any cheques, bills of exchange, promissory notes, bonds, of
securities for money of the defendant which may be there found, or such part or so much thereof as
may be sufficient to satisfy this execution, and the costs of making and executing the same, and to
pay what you shall so levy forthwith to the Clerk of this Court, and to make return to me of what you
shall do under this warrant immediately on the execution thereof.

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

Amount adjudged to be paid .. £ : :
Warrant .. .. .. : :
Mileage .. .. .. : :

Amount to be levied .. £ : :

NOTICE.—The Bailiff is entitled to demand and levy one shilling per mile, reckoned one way only, for every mile
beyond two from the Courthouse to the tenement of which possession is to be given, and mileage at the same rate to the
place where any seizure of goods is made, if sufficient distress is not found on such tenement.

The goods and chattels are not to be sold until after the end of five days next following the day on which they were
seized, unless they are of a perishable nature, or at the request of the defendant.

If the amount to be levied is paid to the Bailiff within one hour after seizing, he is not to receive any further sum
than the amount directed to be levied as stated above, with mileage.

The cost of keeping possession of goods seized is not to exceed ten shillings per day.

Application was made to the Stipendiary Magistrate for this warrant at minutes past
the hour of in the noon of the day of , 191 .

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


No. 103.

New Zealand. INFORMATION AND REQUEST OF LANDLORD FOR POSSESSION WHERE
Sec. 171; Rule 41. “The Magistrates’ Courts} TENANT HAS DESERTED PREMISES LEAVING RENT DUE.
Act, 1908.” Plaint No. .

In the Magistrate’s Court, held at .

Between , plaintiff,
and , defendant.

THE information and request of , of , taken and made before me, , Esquire,
Stipendiary Magistrate at , this day of , 19 , who says that he the said
did demise at rack-rent [or at a rent three-fourths of the yearly value] the house [lands, or tenements,
now or late called ] situate at in the said district, and that , of , is the
tenant holding the same, and that on the day of last past there was in arrear
and due unto him, the said , from him, the said , rent thereof amounting to the sum of
, and that he, the said , has deserted the said demised premises and left the same
uncultivated and unoccupied, so that no sufficient distress can be had to countervail the arrears of
rent. Whereupon he, the said , doth request me, the said Magistrate, to command the Bailiff
of the Court or some constable to go upon and view the premises, and affix on the most conspicuous
part thereof notice in writing on what day he will return to take a second view, in order that he, the
said , as such landlord and lessor, may be put into possession of the said premises according
to the Act in that case made and provided.

Taken before me the day and year first mentioned, at .
Stipendiary Magistrate.


No. 104.

New Zealand. WARRANT TO BAILIFF TO GO AND VIEW DESERTED TENEMENT
Sec. 171; Rule 41. “The Magistrates’ Courts} AND AFFIX NOTICE THEREUPON.
Act, 1908.” Plaint No. .

In the Magistrate’s Court, held at .

Between , plaintiff,
and , defendant.

To , Bailiff of the Magistrate’s Court [or Constable stationed at ].

WHEREAS an information and request has this day been made before me, , Esquire, Stipendi-
ary Magistrate, sitting at , by , who says that [as in the information], and the matter
of such information has now been proved to my satisfaction upon oath: This is to authorise and



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 73


NZLII PDF NZ Gazette 1920, No 73





✨ LLM interpretation of page content

⚖️ Magistrates' Courts Act, 1908 - Standard Forms (continued from previous page)

⚖️ Justice & Law Enforcement
Legal Forms, Magistrates' Courts Act, 1908, Summons, Warrant, Tenement Recovery

⚖️ Information and Request of Landlord for Possession

⚖️ Justice & Law Enforcement
Landlord, Tenant, Deserted Premises, Rent Arrears, Magistrates' Courts Act, 1908

⚖️ Warrant to Bailiff to View Deserted Tenement

⚖️ Justice & Law Enforcement
Bailiff, Deserted Tenement, Warrant, Magistrates' Courts Act, 1908