JUDGMENT SUMMONSES

Gisborne Herald, Volume LXVI, Issue 20055, 29 September 1939, Page 5

JUDGMENT SUMMONSES

LEAVE OP COURT PROCEDURE ADOPTED An announcement that judgment summonses called for hearing could not be proceeded with without leave of the court except where defendant consented was made by Mr. H. P. Lawry, S.M., in the Magistrate’s Court, Palmerston North.

Pe said that was the consequence of the emergency regulations gazetted by the Government, and that where there were no applications for the leave of the court the cases would be adjourned unless there were no opposition by the judgment debtor. The magistrate .stated that where there was no extraordinary remedy existing judgment summonses had been suspended by the emergency regulations of last week. He added that he had discussed the subject with Wellington magistrates, and it had been agreed that a uniform practice be adopted there, in Palmerston. North and in other centres where by a person seeking to provide a remedy must file an application, following which notice would bo given to the other side to an near and show cause, failing which ail order would be made.

That, said 'the magistrate, was a similar provision, to that gazetted during the last war., the only difference being that this time leave of the court or magistrate could be obtained instead of that of the AttorneyGeneral. Application then had to lie made ex parte. Of necessity the onus had been on the person opposing the remedy instead of the person applying for it. An intimation was given that ordinary court, processes for service would be taken, but that to save excessive mileage a service would first be at tempted by post in such cases.