which cases service upon the party at any time before the time appointed for the appearance of such party shall be sufficient.

9. Where the debtor resides or carries on business within the district of the District Court to which the application is made, a judgment summons may issue without leave of the Court, except in cases provided for by the last rule.

10. No successive judgment summonses shall be issued.

11. The hearing of a judgment summons may be adjourned from time to time.

12. Any witness may be summoned to give evidence in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint. Such summons shall be according to the form (6) in this Schedule.

13. Upon the issue of a judgment summons against a party upon an order or judgment of the District Court issuing the judgment summons, the Bailiff of such Court shall return into such Court any warrant of execution against the goods of such party which may have been issued in the cause.

14. Where a judgment summons is heard in a District Court other than the Court in which the order or judgment was obtained, and an order is made by the Judge of the Court in which the judgment summons is heard altering the terms of the order or judgment, all payments under the new order shall be made into, and execution thereupon against the goods shall be issued by the Court, which has so altered the order. Such order shall be in the form (7) in this Schedule.

15. Where a certified copy of a judgment is obtained from the Clerk of a Magistrate’s Court or District Court, he shall make on the minute of the judgment a memorandum of having given such certificate; and no warrant of execution against the goods, or judgment summons upon such judgment shall issue from such Court, unless it be shown to the satisfaction of the Court or to the Clerk of such Court that no order has been made against the execution debtor in any other Court.

Order of Commitment.

16. An order of commitment made under the Act on an order or judgment of a District Court shall be according to the form (8) in this Schedule, and an order of commitment made under the Act on an order or judgment of a Court other than a District Court, shall be in the form (8A) in this Schedule; and every such order shall, on whatever day it may be issued from the Clerk’s office, bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date, and no longer.

17. When an order of commitment for non-payment of money is issued, the defendant may, at any time before his body is delivered into the custody of the gaoler, pay to the bailiff the amount indorsed on the order as that on the payment of which he may be discharged; and on receiving such amount the bailiff shall discharge the defendant, and shall, within twenty-four hours after receiving such amount, pay over the same to the Clerk of the District Court of which he is an officer.

18. The sum indorsed on the order of commitment as that upon payment of which the prisoner may be discharged may be paid to the Clerk of the Court from which the commitment order was issued, or to the gaoler in whose custody the prisoner is. Where it is paid to the Clerk, he shall sign and seal a certificate of such payment; and upon receiving such certificate by post or otherwise, the gaoler in whose custody the prisoner shall then be shall forthwith discharge such prisoner. And where it is paid to the gaoler, he shall, upon payment to him of such amount, together with costs sufficient to pay for transmitting such amount to the Court under the order of which the prisoner was committed, by post-office order, sign a certificate of such payment and discharge the prisoner, and such costs of transmission shall be part of the prescribed costs.

19. A certificate of payment by a prisoner shall be according to the form (9) in this Schedule.

20. Orders of commitment against the same party may be issued concurrently into more than one district: Provided that the cost of one order only shall be allowed unless the Court shall otherwise direct.

21. All costs incurred by the plaintiff in endeavouring to enforce an order or judgment shall be deemed to be due in pursuance of such order or judgment, under section 5 of “The Imprisonment for Debt Abolition Act, 1874.”

22. Where a judgment debtor shall, upon the return day of a judgment summons, satisfy the Court that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that, in respect of the debt, the provisions of Part XVIII. of “The Bankruptcy Act, 1867,” have been complied with, no order of commitment shall be made.

23. Where a judgment debtor shall, after the making of an order of commitment and before its issue, file in the District Court an affidavit according to the form (10) in this Schedule, stating that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that in respect of the judgment debt the provisions of the before-mentioned Part of “The Bankruptcy Act, 1867,” have been complied with, and at the same time giving notice to the judgment creditor of the filing of the affidavit, no such order shall issue.

24. Where a judgment debtor is arrested, he may, according to the tenor of the order of commitment, file in the District Court within the district of which he is in custody, an affidavit as mentioned in the last foregoing rule, and give the notice to the judgment creditor thereof, as therein required, and thereupon the judgment debtor shall be discharged out of custody upon the certificate of the Clerk of such Court. Such certificate shall be according to the form (11) in this Schedule.

Costs.

25. The costs which shall be payable by a person imprisoned under the Act shall be the fees specified in the Second Schedule, and such fees shall be deemed to be, and shall be, the prescribed costs referred to in section 13 of the Act.

FORMS TO FIRST SCHEDULE.

1.—APPLICATION FOR JUDGMENT SUMMONS.

“The Imprisonment for Debt Abolition Act, 1874.”

A.B., Plaintiff.

C.D., Defendant [Address and Description of plaintiff and defendant to be added where judgment that of any other Court].

I apply for the issue of a judgment summons against the said defendant in respect of a judgment [or order] of this Court [or of the Court of held at], or of [Here set forth the style or other sufficient description of the Court which gives the judgment or made the order].

And I undertake to prove, to the satisfaction of the Court at the hearing, that the judgment debtor has or has had since the date of the judgment [or order] the means to pay the sum in respect of which he has made default, and that he has refused or neglected, or refuses, or neglects, to pay the said sum [or specifying any other of the matters mentioned in subsections four and five of section eight of the Act].

I am aware that if I do not prove the same accordingly that I shall have to pay the cost of this summons.

A.B., Judgment Creditor [or C.D., Agent to the Judgment Creditor].