444

SCHEDULE.

1.—"The Order of Commitment (No. 8), and "The Order of Commitment on an order or judgment of a Court other than a Resident Magistrate's Court," (8 A.) of the forms in the Schedule to the Order in Council of the Thirteenth day of October, One thousand eight hundred and seventy-four, making and prescribing rules for Resident Magistrates' Courts under the said Act, shall be the same are hereby repealed, and the forms here-under set out, lettered respectively A and B, are hereby substituted in lieu of the said forms No. 8 and No. 8a respectively.

2.—The warrant to be issued by the Clerk upon default being made in payment of the money and costs mentioned in the order of committal under the 11th section of the said Act, shall be in the form set out here-under, lettered "C," and such warrant shall, for the purposes of the said section, be deemed to be the "warrant in the prescribed form" required to be issued under the said section.

A.—ORDER OF COMMITMENT.

"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 [or order] against the defendant in the Resident Magistrate's 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 default, which summons has been proved to this Court to have been personally and duly served on the defendant :

And when the hearing of the said summons, it has now been proved to the satisfaction of the Court that [Here specify such of the matters 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 the sum 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 District Courts under "The Imprisonment for Debt Abolition Act, 1874," of October, 1874.

Given under my hand this 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 RESIDENT MAGISTRATE'S 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], 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 the defendant [Here specify such of the matters 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 sum 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 Resident Magistrate's Courts under "The Imprisonment for Debt Abolition Act, 1874," of October, 1874.

Given under my hand this 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 prisoner is to be discharged ... ... ...

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

C.

In the Resident Magistrate's Court of , holden at
To , the Bailiff of the Resident Magistrate's 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 Resident Magistrates' Courts under "The Imprisonment for Debt Abolition Act, 1874," of October, 1874:

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 my hand this day of 187 .

Clerk of the Court.

DUNEDIN :
Printed under the authority of the Provincial Government of Otago, by COULLS & CULLING, of Rattray-street, Printers to said Provincial Government for the time being.