Be it therefore enacted and ordained by His Excellency the Governor of the said Colony of New Zealand, with the advice and consent of the Legislative Council thereof, That from and after the passing of this Ordinance, Courts of civil jurisdiction, to be called “Courts of Requests,” shall be holden at and in the following towns or places for the several and respective townships and districts to be included therein under the provisions hereinafter contained, that is to say,—At the towns or districts of Auckland, Port Nicholson, and Russell, in the said Colony; and that such Courts shall be holden at such times at the said several towns or places as the Governor for the time being shall by Proclamation to be issued for that purpose from time to time direct and appoint.

And be it further enacted and ordained, That it shall and may be lawful for the Governor for the time being and he is hereby authorized and empowered to nominate and appoint Commissioners or a Commissioner and such ministerial or other officers as shall be necessary for the administration of justice in the said Courts respectively and for the execution of the orders and process thereof respectively, and the said Commissioners ministerial and other officers from time to time to remove when and as often as the said Governor shall see fit, and such Commissioners ministerial and other officers shall and may receive for their own respective use such salaries as the Governor of New Zealand shall direct and appoint, which salaries it shall and may be lawful for the said Governor to order and direct by warrant under his hand to be paid from and out of the revenues of New Zealand, and the same shall be the whole remuneration of the said Commissioners ministerial and other officers for and in respect of their said offices, and each Commissioner shall and he is required to take the oath in Schedule A to this Ordinance annexed, and the said oath shall be administered either at General or Petty Sessions or otherwise by any two Justices of the Peace.

And be it further enacted and ordained, That from and immediately after the passing of this Ordinance, and so soon thereafter as the Governor shall issue his Proclamation appointing the several times for holding such Courts as aforesaid, each and every of the said Courts shall have full power and authority and the Commissioners thereof may under the provisions thereof and they are hereby respectively authorized to hear and determine within their respective jurisdictions in a summary way all disputes and differences between party and party in all cases of debt covenant assumpsit actions on the case upon assumpsit or promises trover conversion trespass for goods taken or detinue and suits for the recovery of any debt damages or matter not exceeding fifty pounds sterling, except the matter in question should relate to the title of any lands tenements or hereditaments, or to the taking of any duty payable to Her Majesty, or to any fee of office annual rent or other such matter where rights in future might be bound or any general right or duty.

And be it further enacted and ordained, That no cause of action which shall exist at any one time, and shall amount in the whole to a sum beyond the sum of fifty pounds as aforesaid, shall be split or divided so as to be made the ground of two or more different actions in order to bring such cases within the jurisdiction created by this Ordinance; but if the Commissioner of the said Court shall find that the plaintiff in any case shall have split his cause of action as aforesaid, he shall dismiss the said action with the ordinary costs of a dismiss, without prejudice however to the plaintiff’s right to sue upon such cause of action in the Supreme Court of the said Colony of New Zealand or in such other manner as he lawfully may: Provided also that if such plaintiff shall be satisfied to recover such sum as according to this Ordinance the jurisdiction of the Courts of Requests is made to extend to in full of the whole of such his demand, then the said Commissioner shall and may, if such plaintiff shall satisfactorily prove his case, make and pronounce one decree for such plaintiff for such sum as shall in such case be demanded by the process, so as such sum does not exceed the jurisdiction created by this Ordinance, and the same shall be expressed in such decree to be and shall be in full discharge of the whole of such demand, and shall be a full and complete bar to any other action plaint or suit which may be brought thereon in the same or any Court whatever.

And be it further enacted and ordained, That nothing in this Ordinance shall extend to any debt being the disputed balance of an unsettled account originally exceeding fifty pounds, nor to any debt or supposed debt for any money or thing won or alleged to have been won at or by means of any horse-race cock-match wager or any kind of chance gaming or play, or to any debt which there had not been a contract acknowledging undertaking or promise to pay within three years before the taking out of the summons.

And for the better discovery of the truth, and the more speedily obtaining the end of such suits: Be it further enacted and ordained, That it shall and may be lawful for the said Commissioner to examine the plaintiff or plaintiffs defendant or defendants viva voce on their several corporal oaths, and that it shall be lawful for the Commissioner to award costs in all actions tried in the aforesaid Court.

And be it further enacted and ordained, That the several proceedings orders decrees and dismisses which shall be taken prosecuted and pronounced in pursuance of this Ordinance, shall be in the form prescribed in Schedule B hereunto annexed or as near thereto as circumstances will admit.

And be it further enacted and ordained, That it shall be lawful for any Commissioner appointed under this Ordinance and he is hereby authorized and empowered to dismiss any action or proceeding before him with costs, and either on the merits or without prejudice to further or other proceedings as he shall think fit.

And be it further enacted and ordained, That if any action or suit shall be commenced in the Supreme Court of New Zealand for any debt or demand other than hereinbefore excepted not exceeding the sum of fifty pounds sterling, and recoverable by virtue of this Ordinance in any of the said Courts of Requests respectively, the plaintiff or plaintiffs in such action or suit shall not by reason of any verdict for him her or them or otherwise have been entitled to any costs whatsoever, and if the verdict shall be given for the defendant or defendants in such action or suit, and the Judge or Judges before whom the same shall be tried or heard shall think fit to certify that such action or suit ought to have been brought into any of the said Courts of Requests, then such defendant or defendants shall have double costs and shall have such remedy for recovering the same as any defendant or defendants may have for his her or their costs in any cases by law.

And be it further enacted and ordained, That no person whatever shall be permitted to appear and act in the Courts of Requests in any suit for or in behalf of any plaintiff or defendant in such suit unless it shall be first proved to the satisfaction of the Commissioner of such Court that such plaintiff or defendant is prevented by some unavoidable necessity or some good and sufficient cause from attending such Court in person.

And be it further enacted and ordained, That the judgments decrees and orders of any of the said Courts may and shall be carried into execution in any district or place whatsoever within the said Colony where the defendant his goods or chattels may be found or be met with.

And be it further enacted and ordained, That all persons summoned to attend any of the said Courts shall attend pursuant to such summons, and shall be subject to the like actions and attachments for disobeying such summons as they would be subject to for disobedience to a subpœna out of the Supreme Court, and also that it shall and may be lawful for any of the said Courts to punish in a summary way, by fine not exceeding twenty pounds or by imprisonment for any time not exceeding two calendar months, any person or persons guilty of any contempt before any such Court.

And be it further enacted and ordained, That if it shall appear to the Commissioner of the said Court of Requests that any person examined on oath, or if a Quaker on affirmation, has in any proceeding whatever hereafter to be instituted or in any way connected with the said Courts of Requests committed wilful and corrupt purjury in swearing or affirming in any affidavit or affirmation required to be made before the said Commissioner, then and in each and every such case it shall and may be lawful for the said Commissioner to direct a prosecution for perjury to be forthwith instituted against any such person so falsely swearing or affirming as aforesaid, in order that he or she may be punished according to law.

And be it further enacted and ordained, That each Commissioner for the time being shall and may appoint a sufficient number of proper and responsible persons to act as bailiffs for the execution of the orders and decrees of the said Courts of Requests respectively, and in each and every case where the said Commissioners shall have made any order or decree for the payment of money, it shall and may be lawful for the said Courts, at the prayer of the party prosecuting such order or decree, to issue a precept signed by the Commissioner in the nature of a writ of fieri facias or capias ad satisfaciendum, which precept shall be directed to one or more of such bailiffs so appointed for any of the said Courts, who is and are hereby authorized and empowered to levy the amount thereof off the goods and effects of the defendant, and to arrest the defendant as the case may be: Provided however that each of the said Commissioners is hereby empowered and authorized, when thereto required by the plaintiff in any suit wherein such precept or writ may be issued, to appoint one or more special bailiff or bailiffs to be named by the said plaintiff, to execute such precept or writ upon receiving from such plaintiff full and sufficient security against any improper use or abuse of such precept or writ.

And be it further enacted and ordained, That for the purpose of preventing any disputes as to the mode of executing the aforesaid writ or precept of the Commissioner, it be executed in the following manner, that is to say,—That the bailiff is directed in the first instance to levy on the goods and chattels of the defendant, and that in the event of such bailiff not being able to find any goods of the defendant, and the defendant failing to point out to his notice any goods whereon to levy the amount, it shall and may be lawful for the said bailiff to enforce the judgment of the Court by the personal imprisonment of the defendant as hereinafter is mentioned: Provided that if previous to the sale of the property so levied upon a disputed claim shall be made to it, and such claim shall be deposed to before a Magistrate by any party, the bailiff on payment to him of the costs of the levy by such party shall release it from the execution and proceed to enforce the judgment of the Court by levying upon other goods of the defendant if any can be found and pointed out to him, or by arresting the body of the defendant as hereinbefore is directed.

Provided always and be it further enacted and ordained, That every such defendant who shall be arrested and taken in execution by process of the said Courts as aforesaid, shall and may be imprisoned in any one of Her Majesty’s gaols and shall be there detained for a space of time not exceeding three calendar months, unless before the expiration thereof the judgment of the said Courts shall have been satisfied, and in case such judgment shall not then be satisfied, such defendant shall be discharged from such gaol; but it shall be lawful for the complainant at any time within three years after such judgment to take out execution against any estates or effects of such defendant until such judgment shall be fully satisfied.

And be it further enacted and ordained, That it shall be lawful for the said Commissioner of the Courts of Requests, whenever it shall appear to him that the levy of the full amount of any judgment in the said Courts at one time may be attended with great distress to the defendant, and that such distress may be avoided or lessened by enlarging the time for satisfying such judgment, to order and direct the amount thereof together with the costs and charges to be levied by instalment at such stated times and in such proportional amounts as shall be expressed in such order and as shall be reasonable and just: Provided always that the time for satisfying any such judgment shall not exceed six months from the time of making such order as aforesaid, and in case any defendant shall fail to pay any such instalment agreeably to such order, in every such case the plaintiff may proceed to take out execution for the amount of such judgment and the costs and charges thereof then remaining due and unsatisfied in like manner as if no such order as aforesaid had been made.

Provided however that no judgment of any of the said Courts against the goods and chattels of the defendant in any suit or action brought therein shall be executed at any time after sunset nor before sunrise, and if any officer or person shall execute any such judgment after sunset or before sunrise, such officer or other person shall be subject and liable to a fine of not exceeding ten pounds, which shall be set by the Commissioner of the said Court and enforced by distress and sale of the offender’s goods.

And be it further enacted and ordained, That no execution awarded against the goods of any party or parties shall extend to or be construed to extend to deprive any landlord or landlords of the power vested in such landlord or landlords by an Act passed in the eighth year of the reign of Her late Majesty Queen Anne, intituled “An Act for the better security of Rents, and to prevent Frauds committed by Tenants”, of recovering one year’s rent by virtue of and in pursuance of the said Act.

And be it further enacted and ordained, That from and after the passing of this Ordinance no plaint action or other proceeding entered in the said Courts or commenced therein as aforesaid, nor any order or orders decree or decrees or other process or decision to be had thereon by virtue of this Ordinance, shall be removed out of the said Courts by a writ of recordari facias, loquelam, certiorari, or false judgment, or otherwise howsoever, but such order or orders decree or decrees or other decision so to be made by the Commissioner shall be final and conclusive to all intents and purposes whatsoever.

And be it further enacted and ordained by the authority aforesaid, That in case any action or suit shall at any time hereafter be commenced or brought against any member officer or minister of the said Court of Requests or against any other person or persons for or in pursuance or under the authority of this Ordinance, it shall and may be lawful for such person in every suit or action to plead the general issue and give this Ordinance and the special matter in evidence, and the plaint warrant precept or other necessary proceeding signed by the Commissioner being duly approved in any such suit or action shall be deemed a sufficient proof of the authority of the said Courts of Requests and of all other proceedings in the said Courts previous to the issuing of such warrant precept or proceeding, and in case the plaintiff or plaintiffs in such action or suit shall have a verdict pass against him or them or be nonsuit or discontinue his her or their action or suit, the defendant or defendants shall in any of the said cases be allowed double costs.

And be it further enacted and ordained, That defendants shall in general be summoned only to the Courts which shall be held for the districts where they or some of them reside, excepting in cases where the cause of action has occurred in another district wherein plaintiff resides, in any of which last-mentioned cases it shall be lawful for the plaintiff, if he shall think proper so to do, to commence and prosecute his suit in the Court which shall be held for the district where he himself resides.

And be it further enacted and ordained, That no action or proceeding under this Ordinance shall be treated or considered as invalid on account of any verbal or technical error, but all errors or mistakes which have not a tendency to mislead the opposite party shall in all cases be deemed merely verbal or technical and may be amended or altered by the Commissioner for the time being.

And be it further enacted and ordained, That in all actions and proceedings under this Ordinance the fees specified in Schedule C to this Ordinance annexed shall be established and be deemed and taken as the lawful fees and emoluments for the discharge of the several duties therein specified, and the Commissioners shall have full power to compel the payment thereof in a summary way by order, and on non-payment by warrant of distress and sale under his hand and seal, and the said fees shall be received and accounted for by the Registrars of the said Courts respectively, and be paid over by them monthly to the Colonial Treasurer for the public uses of the said Colony.