[From the New Zealand Gazette, of January 7, 1875.]

Making Rules for District Courts under “Imprisonment for Debt Abolition Act, 1874.”

Normandy,

Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of January, 1875.

Present:
His Excellency the Administrator of the Government in Council.

WHEREAS by “The Imprisonment for Debt Abolition Act, 1874,” (hereafter referred to as “the said Act,”) it is enacted that in the said Act the term “prescribed” means, as respects the District Courts, prescribed by general rules to be made under “The District Courts Act Amendment Act, 1865,” or any Acts amending the same; and it is also by the said Act provided that general rules and orders may, as respects such District Courts, be made by the Governor for the purpose of carrying the said Act into effect:

And whereas by “The District Courts Act Amendment Act, 1865,” it is provided that it shall be lawful for the Governor in Council, with the concurrence of one of the Judges of the Supreme Court, to frame general rules and orders for regulating the practice of the said Courts and the form of proceedings therein, and from time to time to rescind, suspend, alter, or amend all rules, orders, and forms now framed or hereafter to be framed, or any of them or any part thereof, and such original or amended rules, orders, and forms, or any rules rescinding the same or any of them, shall be in force in any District Court respectively from a day to be fixed by the said Governor in Council:

And whereas the rules, orders, and forms in the First Schedule hereto have been concurred in by His Honor Alexander James Johnston, Esquire, one of the Judges of the said Supreme Court:

Now therefore, I, George Augustus Constantine, Marquis of Normanby, the Administrator of the Government of the Colony of New Zealand, in pursuance and exercise of the powers and authority conferred upon me by the said hereinbefore recited provisions of the said Acts, and by and with the advice and consent of the Executive Council of the said colony, and with the concurrence of the said Alexander James Johnston, Esquire, as aforesaid, do hereby make the general rules and orders, and prescribe the fees set forth in the First and Second Schedules hereto respectively, and the same shall come into and be in force from and after the eighteenth day of January, instant.

Foster Goring,
Clerk of the Executive Council.

FIRST SCHEDULE.

RULES FOR DISTRICT COURTS UNDER “THE IMPRISONMENT FOR DEBT ABOLITION ACT, 1874.”

Interpretation.

In the following Rules, the words “the Act” shall mean “The Imprisonment for Debt Abolition Act, 1874;” and the words “clear days” shall mean that in all cases in which any particular number of days is prescribed for the doing any act, or for any other purpose, the same shall be reckoned exclusive both of the first day and of the last day; and in the interpretation of these Rules, unless there be something in the context inconsistent therewith, the word “person” shall include a body politic or corporate, and every word importing the singular number only shall include the plural number, and words importing the masculine gender only shall include females, unless the contrary as to number or gender is expressly provided.

“District Court” shall mean any Court constituted under “The District Courts Act, 1858,” or the Acts amending the same.

“Magistrate’s Court” shall include any Resident Magistrate’s Court, Court of Petty Sessions, or any Resident Magistrate or Justices acting under “The Resident Magistrates Act, 1867,” or any Act amending the same.

Judgment Summons.

1. No order of commitment under the Act shall be made unless a summons to appear and be examined on oath (hereinafter called a “judgment summons”) shall have been personally served upon the judgment debtor.

2. A judgment summons shall only be issued by a District Court when the debtor resides or carries on business within its district, unless leave of such Court has been first obtained.

3. An application by a judgment creditor for the issue of a judgment summons under the Act shall be in writing, signed by the applicant or his agent, according to the form (1) in this Schedule.

4. Where a judgment creditor desires to apply for a judgment summons to a District Court, other than the District Court in which the order or judgment was obtained, he shall obtain from the Clerk of the District Court in which the order or judgment was obtained a certified copy of the order or judgment in the cause according to the form (2) in this Schedule, and file the same with his application.

5. Where a party desires to enforce by commitment in any District Court a judgment, decree, or order of a Magistrate’s Court or of the Supreme Court, he shall obtain from such Magistrate’s Court or Supreme Court, as the case may be, in the case of a Magistrate’s Court, a certificate in the form (2) in this Schedule, and in the case of the Supreme Court a copy of the judgment, decree, or order he desires to enforce, certified by the Registrar of the Court, and shall file such certificate or copy, together with an affidavit in the form (3) in this Schedule, of the sum then due thereon, with the Clerk of the District Court to which the application for the judgment summons is made.

6. Every judgment summons on an order or judgment of a District Court shall be according to the form (4) in this Schedule, and be issued not less than ten clear days, and be served not less than five clear days, before the day on which the judgment debtor is required to appear, except in the case provided for by rule 8 of these Rules.

7. The Clerk of the District Court to which the application for a judgment summons is made, shall, upon delivery to him of the certified copy of the order or judgment of the Magistrate’s Court, or office copy of the judgment, decree, or order of the Supreme Court, as the case may be, file the same and issue thereon a judgment summons in the form (5) in this Schedule.

8. Where the person applying for the judgment summons shall state to the Clerk of the District Court that the judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing: Provided that the District Court shall not act upon a summons issued under this rule, unless at the hearing such Court is satisfied, by evidence on oath, that at the time of the application for the judgment summons such party was about to remove from his dwelling or place of business, or was keeping out of the way to avoid service, in either of