situate at

in the said district, and that W.M., of

is the tenant

day of

last

holding the same at such rack rent, and that on the
past there was in arrear and due unto him the said E.S., from him the said
W.M., one half [or whole] year's rent thereof, amounting to the sum of £
and that he, the said W.M., hath deserted the said demised premises and left
the same uncultivated and unoccupied, so that no sufficient distress can be
had to countervail the arrears of rent: Whereupon he, the said E.S., doth
request me, the said Resident Magistrate, to command the bailiff of the
Court, or some constable, to go upon and view the premises, and affix on the
most notorious part thereof, notice in writing on what day he will return to
take a second view, in order that he, the said E.S., as such landlord and
lessor, may be put into possession of the said premises, according to the Act
in that case made and provided.

Taken before me, the day and year first above mentioned, at

the

E.S.

, in

R.M., Resident Magistrate.

No. 106.

WARRANT TO BAILIFF TO GO AND VIEW DESERTED TENEMENT, AND AFFIX

To W.T., Bailiff of the Resident Magistrate's District of

WHEREAS an information and request hath this day been made before me
R.M., Esquire, Resident Magistrate for the District of
of

in the Province

who saith that [as in the

sitting in open Court, by E.S., of information], and the matter of such information hath now been proved to my satisfaction upon oath: This is to authorize and command you, the said W.T., to go upon and view the premises; and if upon such view you shall find the said premises to be deserted, and without sufficient distress thereupon, you are hereby authorized and commanded to affix upon the most notorious part thereof, notice in writing, that on a day to be in such notice mentioned, and not being less than fourteen days from such first view, you will return to take a second view thereof, and that if, upon such second view, the tenant, or some person on his behalf, shall not appear and pay the rent in arrear, and there be no sufficient distress on the premises, the said E.S. may be put in possession of the said demised premises, pursuant to the Statute in such case made and provided. And you are hereby further authorized and commanded to return to such premises, and take a second view thereof upon the day to be in such notice mentioned, and to certify to me, the said Resident Magistrate, on or before the day of next, what you shall have done hereunder, and whether, upon such second view as aforesaid, any person shall have appeared and paid the rent in arrear, or whether there be then sufficient distress on the premises to countervail the arrears of rent.

§ 978.

§ 978.

§ 979.

§ 983.

No. 107.

NOTICE TO BE AFFIXED ON DESERTED PREMISES. (19.)
To W.M. [the tenant].

TAKE NOTICE, that on

by E.S., of

day of

last, information and

request was made to R.M., Resident Magistrate of the District of
sitting at
for that [setting forth the matter as is
the information]: And the said R.M. thereupon issued his warrant authoriz
ing and commanding me, W.T., to come upon and view the said demised
premises, and I do find the said premises to be deserted and without sufficient
distress thereupon; and on the day of the present month of I will
return in obedience to the said warrant to take a second view thereof, and if
upon such second view, you, or some person on your behalf, shall not appear
and pay the said rent in arrear, or there shall not be sufficient distress on the
premises, the said E.S. may be put in possession of the said demised premises,
pursuant to the Statute in that case made and provided.

Witness my hand, this

day of

No. 108.

, 187.

W.T., Bailiff.

WARRANT TO THE BAILIFF OR A CONSTABLE TO DELIVER POSSESSION OF
DESERTED PREMISES TO LANDLORD. (20.)

day of

To W.T., Bailiff of the Resident Magistrate's District of WHEREAS on the last, information and request was made to me, R.M., Resident Magistrate of the District of , sitting at by E.S., of for that [setting forth the matter as in the information]: And whereas I did thereupon issue my warrant authorizing and commanding W.T., bailiff of the district aforesaid, to enter upon and view the premises in the said information mentioned, and to affix upon the most conspicuous part thereof a notice stating upon what day he would return to take a second view thereof, pursuant to the Statute in such case made and provided: And whereas it appears to me, by the return of the said W.T. to the said warrant, that the said W.T. went upon and viewed the said premises, and affixed thereupon such notice as aforesaid, and that the said W.T., upon the day in such notice mentioned, returned to the said premises and took a second view thereof, and that neither the tenant nor any person on his behalf appeared and paid the rent in arrear, nor was there sufficient distress on the premises to countervail the arrears of rent: This is therefore to authorize and command you forthwith to enter upon the said demised premises, with such assistants as you shall deem necessary, between the hours of nine in the morning and four in the afternoon, and to deliver possession thereof to the said E.S., and for your so doing this shall be your sufficient warrant. Given under my hand, this 187 .

day of

R.M., Resident Magistrate.

No. 109.

BOND TO BE GIVEN BY DEFENDANT UNDER SECTION 89. (21.)
Know all men by these presents, that we, W.M., of

and R.T., of

N.S., of are jointly and severally held and firmly

in the sum of £

bound to E.S., of
to be paid to the
said E.S., or his certain attorney, executors, administrators, and
assigns, for which payment to be made we bind ourselves and each
and every of us in the whole, our and each of our heirs, executors,
and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, (') and dated this

WHEREAS on

day of
hundred and
the

day of

W.M.

N.S.

R.T.

last past, the above-named E.S. entered a plaint against the above-bounden W.M., in the Resident Magistrate's Court of the District of to recover possession of [Here describe the tenements sought to be recovered]: And whereas the above-bounden W.M. disputes the right of the said E.S. to the possession of the said tenements, and is ready to abide the result of any action for the possession of the said tenements which the said E.S. may commence against him within three calendar months of the date hereof in any Court of competent jurisdiction, and, in case the plaintiff shall recover judgment in such action, to pay to the plaintiff the costs which the plaintiff shall be therein adjudged to recover, and also the costs of the proceedings in the Resident Magistrate's Court, and damages for the illegal occupation of the land up to the time of such judgment: And whereas the security intended to be hereby given has been approved of by

trate.

, Resident Magistrate of the said district, as appears by his allowance in the margin hereof:* Now the condition of this obligation is such, that if I approve of the above-bounden W.M. shall abide the result of any action for the possession this bond.of the said tenements which the said E.S. may commence against him within R.M., Resithree calendar months from the date hereof in any Court of competent jurisdent Magisdiction, and if, in case the plaintiff shall recover judgment in such action, the above bounden W.M., N.S., or R.T., or any of them, shall pay to the said E.S., his executors, administrators, or assigns, the costs which the plaintiff shall therein be adjudged to recover, and also the costs of the proceedings in the Resident Magistrate's Court, and damages for the illegal occupation of the land up to the time of such judgment, then this obligation shall be void; otherwise, shall remain in full force.

Signed, sealed, and delivered (1) by the above-bounden, in the presence of

are jointly and severally held and firmly
in the sum of £
to be paid to the

bound to W.M., of
said W.M., or his certain attorney, executors, administrators, and
assigns, for which payment to be made we bind ourselves and each
and every of us in the whole, our and each of our heirs, executors,
and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, (1) and dated this

E.S.

}

T.M.

V.O.

(1) Quare whether sealing and delivery be indispensable, seeing that deeds in New Zealand require no seal or delivery.

$221.

No. 957.

WEAKAATE NO TE UTINGA O TE MONI KI TE KOTL 9.)

I te mea a C. D. Kai-tobe raus kɔ A.B. Kai-whakaoracra.

Kia mabara koe kus utus ki te Kooti e te Ka-whakaorsors nga moni £

hei tino whakaotings mo tau e tche nei apiti rawa ki au moni ki te Kooti mo taua mea nei.

, in the Province of , 187, duly adjudged by me

sitting at to pay the sum of
pence, claimed by one C.D., of
sum of
trate, making together the sum of

, for

was, on the

day of

shillings and

. Esquire, Resident Magistrate pounds debt or damages, together with the

for costs and expenses allowed by me, the said Resident Magis, to the Clerk of this Court, on the for every

days: And

, and the

day of , or by instalments of whereas default has been made in payment according to the said order: This is therefore to command you forthwith to levy the sum of £ further expenses incurred herein by distress and sale of the goods and chattels of and belonging to the said A.B., except the wearing apparel and bedding of him or his family, and the tools and implements of his trade (if any) to the value of five pounds; and also to seize and take any money or bank notes, and any cheques, bills of exchange, promissory notes, bonds, specialities, or securities for money of the said A.B., or such part or so much thereof as may be sufficient to satisfy this execution, and the costs of making and executing the same. And you are hereby commanded to pay what you shall have so levied forthwith to the Clerk of this Court, and to certify to me, the said Resident Magistrate, on or before the next ensuing, what you shall

have done by virtue of this Warrant.
Given under my hand, at

Amount adjudged to be paid

Warrant

Executing same

day of

The bailiff is entitled to demand and levy one shilling per mile, reckoned one way only, for every mile beyond two, from the Court House to the place where seizure is made, and poundage at the rate of one shilling in the pound upon the value of the goods seized, up to the above amount.

Nolice. If the amount to be levied be paid to the bailiff within one hour