Legal forms and government notices




481

No. of Order.
Between A.B., Plaintiff,
and
C.D., Defendant.

WHEREAS the plaintiff obtained a judgment [or order]
against the defendant in the District Court of
holden at
on the
day of
, 187
for the payment of £
for debt [or damages and
costs, and subsequent costs have 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 de-
fault, 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 pay-
ment of which he is to be discharged, or shall file such
affidavit as is mentioned in Rule 23 of the Rules for
District Courts under "The Imprisonment for Debt
Abolition Act, 1874," of January, 1875.

Given under the seal of the Court this [Insert date of
order.] day of
, 187

E.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 sums upon payment of which the
prisoner will be discharged
...
...
...

B.—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 Plaint
No. of Judgment Summons.
No. of Order.
Between A.B., Plaintiff,
and
C.D., Defendant.

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], and the 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 the defendant [Here specify such of the matters
stated in the summons as have been proved] :

Now, therefore, it is ordered that the defendant shall
be committed to prison for
days, unless he shall
sooner pay the sums in payment of which he has so
made default, together with the prescribed costs herein-
after mentioned, or shall file such affidavit as is mentioned
in Rule 23 of the Rules for District Courts under "The
Imprisonment for Debt Abolition Act, 1874," of January,
1875.

Given under the seal of the Court this [Insert date of
order] day of
, 187

E.F.,
Clerk of the Court.
£ s. d.
Amount of judgment or order remaining due
Costs of judgment summons and poundage on
this order
...
...
...
...
Amount upon the payment of which the pri-
soner is to be discharged
...
...
...

This order remains in force one year from the date
thereof.

C.
In the District Court of
, holden at
To
, the Bailiff of the District Court of
and
to
, the Governor or Keeper of the
Gaol at

Greeting :
Between A.B., Plaintiff,
and
C.D., Defendant.

WHEREAS by an order of commitment bearing date the
day of
, 187 , and issued out of this
Court, it is ordered that the defendant shall be committed
to prison for
days, unless he shall sooner pay the
sums in payment of which he has made default, together
with the prescribed costs therein mentioned, or shall file
such affidavit as is mentioned in Rule 23 of the Rules for
District Courts under "The Imprisonment for Debt
Abolition Act, 1874," of January, 1875 :

These are therefore to require you the said
and
others to take the defendant and deliver him to the
Governor or Keeper of the
Prison, 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 the said order of commitment, or until
he shall be sooner discharged by due course of law.
Given under the seal of the Court this
day of
, 187

Clerk of the Court.

(From the New Zealand Gazette July 29th, 1875.)
Provincial Ordinance allowed by the Governor.

Colonial Secretary's Office,
Wellington, 24th July, 1875.
THE following Ordinance, passed by the Provincial
Council, and reserved by the Superintendent
of Otago for the signification of His Excellency's
pleasure thereon, intituled

"The Otago Harbour Board Ordinance 1874
having been laid before the Governor, His Excellency
has been pleased to assent to the same.

DANIEL POLLEN.

(From the New Zealand Gazette August 5th, 1875.)
Mayors Re-elected.

Colonial Secretary's Office,
Wellington, 1st August, 1875.
IT is hereby notified that, in conformity with clause
3 of "The Otago Municipal Corporations Em-
powering Act, 1865," the names of the following persons



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Online Sources for this page:

PDF PDF Otago Provincial Gazette 1875, No 982





✨ LLM interpretation of page content

⚖️ Rules for District Courts under Imprisonment for Debt Abolition Act (continued from previous page)

⚖️ Justice & Law Enforcement
19 July 1875
District Courts, Imprisonment for Debt, Legal rules, Order of Commitment, Warrant of Commitment

🏛️ Provincial Ordinance allowed by the Governor

🏛️ Governance & Central Administration
24 July 1875
Provincial Ordinance, Otago Harbour Board, Assent, Otago
  • Daniel Pollen

🏘️ Mayors Re-elected

🏘️ Provincial & Local Government
1 August 1875
Mayors, Re-election, Otago Municipal Corporations Empowering Act