JULY 3.] THE NEW ZEALAND GAZETTE. 2083

19. (1) Any person against whom a judgment order has been made under the rules
    hereby repealed may apply for a rehearing of the judgment summons upon which the
    order was made.
    (2) If the Court grants the application for a rehearing the former proceedings and
    any proceedings, convictions, or committal in respect of contempt of Court arising
    thereon shall be thereupon vacated.
    (3) A rehearing granted under this clause shall take place at a time to be fixed by
    the Court, and shall be in all respects in accordance with the provisions of this Order
    relating to the hearing of a judgment summons in the first instance.
    (4) A rehearing shall not be granted under this clause if the judgment debtor has
    paid the fine or has served the imprisonment imposed upon him in respect of the
    offence of contempt of Court arising out of his failure to pay moneys in accordance with
    a judgment order.
20. (a) The Court shall have power on the application of a judgment creditor to set
    aside any conviction for contempt of Court arising out of the failure of a debtor to obey
    a judgment order made under the rules hereby repealed if such debtor has not actually
    served any sentence of imprisonment or any part thereof imposed upon him therefor.
    (b) Upon such conviction being set aside the judgment creditor may proceed under
    this Order, and all the provisions thereof shall apply in the same manner as if no pro-
    ceedings had been taken under the rules hereby repealed and no such conviction
    obtained.
21. The fees set out in the Second Schedule hereto shall be payable in respect of
    proceedings under this Order and shall be prepaid in stamps.

FIRST SCHEDULE.

[Form I.

APPLICATION FOR A JUDGMENT SUMMONS.

THE plaintiff hereby applies for the issue of a judgment summons against the defendant
in respect of a judgment (or order) of this Court given (or made) on the day of
, 19 , for the sum of £ and costs £ , and under which there is now
due and owing the sum of £ .
Dated this day of , 19 .

[Plaintiff (or Solicitor or Agent for Plaintiff).]

[Form II.

AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT.

The Samoa Imprisonment for Debt Limitation Order, 1930.

In the High Court of Western Samoa held at between , of
[Address and description], plaintiff, and , of [Address and description],
defendant.

I, , the above-named plaintiff [or agent for the above-named plaintiff], make
oath and say,–

1. That on the day of , 19 , I [or the above-named plaintiff]
   obtained a judgment [or order, or decree] in [Here set forth the style of the Court in which
   judgment, decree, or order obtained] against , the above-named defendant, for
   the payment of the sum of £ .

2. That subsequent costs of execution have been incurred amounting to £ .

3. That the defendant has [not] paid [any part of the debt] the sum of £
   towards the said debt.

4. That there is still due on the said judgment [or order, or decree] the sum of £ .

5. That I believe that the defendant, after providing for the reasonable maintenance
   of himself and his family, has, since the date of the judgment, had sufficient money
   to pay the debt, or [if fraud is alleged it must be specified, and if it is alleged that the
   debtor is about to leave Samoa without paying the judgment debt or such part of it as
   is unsatisfied with intent to evade payment, it must be so alleged.]

        ……………
        Plaintiff [or agent for Plaintiff].

Sworn at , this day of , 19 . before me,

        ……………
        [A Judge of the High Court of Western
        Samoa (or a Commissioner of the
        High Court of Western Samoa, &c.).]