7.

Order of Commitment.

[Another form is substituted for this by the Debtors Act Rules, May, 1870. See page 848.]

8.

Order of Commitment on an Order or Judgment of a Court other than a County Court.

[Another form is substituted for this by the Debtors Act Rules, May, 1870. See page 850.]

9.

Certificate of Payment by a Prisoner.

The Debtors Act, 1869.

holden at

I hereby certify, that the defendant, who was committed to my [or your] custody by virtue of an order of commitment under the seal of this court [or of the county court of ], bearing date the day of 187, has paid and satisfied the sum of money for the nonpayment whereof he was so committed, together with all costs due and payable by him in respect thereof; and that the defendant may, in respect of such order, be forthwith discharged out of my [or your] custody. Given under my hand [or the seal of the court], this

187

To the Governor or Keeper

of

day of

I approve of these rules and forms to come into force in all county courts on the first day of January, 1870.

HATHERLEY, C.

Order as to the Fees to be taken under the Debtors Act, 1869.

Whereas by the County Courts Act, 1856, section 79, it was enacted, that the Commissioners of her Majesty's treasury, from time to time, with the consent of the Lord Chancellor, might lessen or increase the fees which were specified in Schedule (C.) to that act, or which were then payable on proceedings in the county courts taken under any act not thereinbefore recited, and might substitute other fees in lieu thereof, or might order new fees to be paid on any proceedings which were then, or should thereafter be

authorized to be taken in such courts, whether any fee was then payable thereon or not.

And whereas proceedings are authorized to be taken in such courts by the Debtors Act, 1869.

In pursuance of the power given by the above-recited act, we, the undersigned, two of the Commissioners of her Majesty's Treasury, whose names are hereunto subscribed, do hereby, with the consent of the Lord Chancellor, order that, on and after the first day of January, 1870, the several fees, or sums in the name of fees, specified in the schedule hereunder written, shall be taken on the proceedings therein mentioned; and that the fees so authorized to be taken shall be received by the registrars of the different county courts, and shall be accounted for and paid over by them to the treasurers of their respective courts.

I approve of the annexed Schedule of Fees.

22nd December, 1869.

LANSDOWNE.

W. H. GLADSTONE.

HATHERLEY, C.

SCHEDULE.

For every judgment-summons under the Debtors Act, 1869, threepence in the pound on so much of the amount of the original demand as, in obedience to the order of the court, should have been paid at the time of the issue of the summons.

Where such last-mentioned amount does not exceed twenty shillings, an additional fee of sixpence; and where such amount does exceed twenty shillings, an additional fee of one shilling.

For every hearing of the matters mentioned in such judgment-summons, sixpence in the pound on the amount upon which the fee on the summons is calculated.

For issuing every order of commitment, eighteenpence in the pound on the amount upon which the fee on the summons is calculated.

RULES AND FORMS.

THE DEBTORS ACT, 1869.

May, 1870.

We, GEORGE LAKE RUSSELL, JOHN BURY DASENT, JOHN WORLLEDGE, RUPERT ALFRED KETTLE, and WILLIAM FURNER, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts and Forms of Proceedings therein, under the 32nd section of "The County Courts Act, 1856," have, under the powers vested in us by the said Act and by "The Debtors Act, 1869," framed the following Rules and Forms, and we do hereby certify the same to the Lord Chancellor accordingly.

1. The rules made under the Debtors Act, 1869, for regulating the practice of the county courts under that Act, and which came into force in all county courts on the 1st January, 1870, may be cited as "The Debtors Act Rules, January, 1870," and these rules may be cited as "The Debtors Act Rules, May, 1870."

2. Rules 21, 22, 23 and 24 of "The Debtors Act Rules, January, 1870," shall be and they are hereby rescinded.

3. The districts of the courts referred to in section three of the County Courts Act, 1867, shall be deemed to be one district, so far as relates to the issuing of judgment summonses by the court in which action was brought.

4. 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 five of the Debtors Act, 1869.

5. 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 125th or 126th sections of the Bankrupt Act, 1869, have been complied with, no order of commitment shall be made.

6. Where a judgment debtor shall, after the making of an order of commitment against him and before its issue, file, in the court in which the order was made, an affidavit according to the form in the 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 either of the before-mentioned sections of the Bankrupt Act, 1869, have been complied with, and at the same time give notice to the judgment creditor of the filing of the affidavit, no such order shall issue.

7. Where a judgment debtor is arrested, he may, according to the tenor of the order of commitment, file in the county 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 registrar of that court.

8. The forms in the annexed schedule shall be used, instead of the corresponding forms now in use.

:

Registrar.

2.

Judgment-Summons on an Order or Judgment of a County

Court.

Whereas the plaintiff obtained a judgment [or if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above-named defendant, in the county court of

on the

day of

holden at 187 for the payment of 10. for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to 15s.:

And whereas you have made default in payment of the sum payable in pursuance of the said judgment [or order]:

You are therefore hereby summoned to appear personally in this court at [place where court holden] on the day of 187 at the hour of in the noon, to be examined on oath by the court touching the means you have or have had since the date of the judgment [or order] to satisfy the sum payable in pursuance of the said judgment [or order]; and also to show cause why you should not be committed to prison for such default.

Dated this

day of

187

Registrar of the court.

£ s. d.

10 0 0

Amount of judgment or order and costs

Costs of warrant against the goods, if any

Costs of previous judgment-summonses, hearing and commitments, if any

0 0 0

10 15 0

£ S. d.

1 0 0

4 15 0

5 15 0

500 023

Sum payable

Costs of the summons

Amount upon the payment of which no further proceedings will be had until default in payment of next instalment ..

5 2 3