✨ Legal Forms and Orders
72
all other books, papers, writings, and other documents relating to the said matter which may be in your custody, possession, or power. In default of your attendance, you will be liable to a penalty of ten pounds, under “The District Courts Act, 1858.”
Dated this _ day of ____, 187__.
To ___
Clerk of the Court.
7.—ORDER UPON A JUDGMENT SUMMONS ALTERING ORIGINAL ORDER OR JUDGMENT.
“The Imprisonment for Debt Abolition Act, 1874.”
In the [Title of Court issuing summons].
No. of Plant.
No. of Judgment Summons.
Between A.B., Plaintiff [Address and description], and
C.D., Defendant [Present address, description, and, if known, place of employment].
WHEREAS the plaintiff obtained a judgment [or order] against the defendant in the Court of , helden at on the day of __, 187, for the payment of £__, together with £ for costs, and in payment thereof [or of ___ part thereof] the defendant hath made default:
[Or, Whereas the plaintiff obtained a judgment against the defendant in the Supreme Court (or as the case may be), on the day of __, 187__, for the sum of £, and there is now due and payable upon the said judgment the sum of £___;]
[Or, Whereas by a decree (or order) made by the Supreme Court (or as the case may be) on the day of __, 187__, the defendant was ordered to pay to the plaintiff the sum of £, and there is now due and payable upon the said decree (or order) the sum of £___;]
And whereas a summons was, at the instance of the plaintiff, duly issued out of this court, by which the defendant was required to appear personally at this Court on the _ day of ____, 187__, to be examined on oath touching the means he had then, or had had since the date of the judgment [or order], to pay the said sum [or specifying such of the matters mentioned in subsections four and five of section eight of the Act as were specified in the summons]; which summons was proved to this Court to have been personally and duly served on the defendant:
It is ordered that the defendant do pay the amount still due on the said judgment, and the costs of the said summons and its hearing, as stated at the foot of this order, to the clerk of this Court, by instalments of £ for every days; the first payment to be made on the _ day of ____, 187__.
Given under the Seal of the Court, on this _ day of ____, 187__.
Clerk of the Court.
£ s. d.
Amount on judgment or order remaining due ... ... ...
Cost of judgment summons, and its hearing ... ... ...
£ ___
Acknowledgment of payment into Court.
| Date | £ s. d. | Received by. |
|---|---|---|
8.—ORDER OF COMMITMENT.
“The Imprisonment for Debt Abolition Act, 1874.”
In the [Title of Court ordering Committal].
No. of Plant.
No. of Judgment Summons.
No. of Order.
Between A.B., Plaintiff,
and
C.D., Defendant.
To , Bailiff of the Court, and all Peace Officers within the jurisdiction of the said Court, and to the Governor or Keeper of the [prison used by the Court].
WHEREAS the plaintiff obtained a judgment [or order] against the defendant in the District Court of , helden at , on the day of __, 187__, for the payment of £ for debt [or damages] and costs, and subsequent costs having been incurred in pursuance thereof, amounting to £___;
And whereas the defendant hath made default in payment of ___ , payable in pursuance of the said judgment [or order]:
And whereas a summons was, at the instance of the plaintiff, duly issued out of this Court, by which the defendant was required to appear personally at this Court, on the _ day of ____, 187__, to be examined on oath touching [Here specify such of the matters as were stated in the summons], and to show cause why he should not be committed to prison for such default, which summons has been proved to this Court to have been personally and duly served on the defendant:
And whereas, at the hearing of the said summons, it has now been proved to the satisfaction of the Court that [Here specify such of the matters stated in the summons as have been proved], and the defendant has shown no cause why he should not be committed to prison:
Now, therefore, it is ordered that the defendant shall be committed to prison for ___ days, unless he shall sooner pay the sum stated below as that upon the payment of which he is to be discharged, or shall file such affidavit as is mentioned in rule 23 of the Rules for Resident Magistrates’ Courts under “The Imprisonment for Debt Abolition Act, 1874,” of October, 1874:
These are therefore to require you the said , and to take the defendant, and to deliver him to the Governor or Keeper of the [prison used by the Court], and you the said Governor or Keeper to receive the defendant, and him safely keep in the said prison for days from the arrest under this order, or until he shall be sooner discharged by due course of law.
Given under the Seal of this [Insert date of order] day of __, 187__.
R.F.,
Clerk of the Court.
£ s. d.
Total sum payable at the time of hearing of the judgment summons ... ... ...
Hearing of summons, and poundage upon this order ... ... ...
Deduct amount paid into Court subsequent to the hearing of the judgment summons ... ... ...
Total sum upon payment of which the prisoner will be discharged ... ... ...
8A.—ORDER OF COMMITMENT ON AN ORDER OR JUDGMENT OF A COURT OTHER THAN A DISTRICT COURT.
“The Imprisonment for Debt Abolition Act, 1874.”
In the [Title of Court ordering Committal]:
No. of Plant.
No. of Judgment Summons.
No. of Order.
Between A.B., Plaintiff,
and
C.D., Defendant.
To the Bailiff of the ___ Court, and to all Peace Officers within the jurisdiction of the said Court, and to the Governor or Keeper of [the prison used by the Court].
WHEREAS the plaintiff obtained a judgment against the defendant in the Supreme Court [or as the case may be] on the day of __, 187__, for the sum of £ and there is now due and payable upon the said judgment the sum of £___;
[Or, Whereas by a decree (or order) made by the Supreme Court (or as the case may be) on the day of __, 187__, the defendant was ordered to pay to the plaintiff the sum of £, and there is now due and payable upon the said decree (or order) the sum of £___;]
And whereas a summons was, at the instance of the plaintiff, duly issued out of this Court, by which the defendant was required to appear personally at this Court on the _ day of ____, 187__, to be examined on oath touching [Here specify such of the matters as were stated in the summons], which summons was proved to this Court to have been personally and duly served on the defendant:
And whereas, at the hearing of the said summons, it has now been proved to the satisfaction of the Court that
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Otago Provincial Gazette 1875, No 947