COURT PROCEDURE

Gisborne Herald, Volume LXVI, Issue 20071, 18 October 1939, Page 12

COURT PROCEDURE

SOLDIERS’ PROTECTION CHAMBER’S SUGGESTION A decision to write to the Associated Chambers of Commerce of New Zealand and to the Justice Deptartment, suggesting that the court procedure be altered so that the onus be placed on the party seeking an order under civil claims, was made yesterday afternoon at the meeting of the Gisborne Chamber of Commerce. The motion to that effect was proposed by Mr. L. T. Burnard and seconded by the preseident, Mr. H. H. De Costa. The emergency regulations were passed recently for the purpose of protecting soldiers’ debts, Mr. Burnard explained. However, before the new negulations could be adopted it would be compulsory for every person desiring to obtain judgment, whether against a man or a woman, to secuie leave of the court to do so. In 99 cases out of 100. Mr. Burnard said, the defendant was not a soldier and in no way affected by the war, and yet the plaintiff was put to that needless trouble, expense and delay. The necessary protection for soldiers could be given quite comfortably by giving them the right to apply to the court and by suspending the plaintiff’s rights to prosecute until such application was disposed of. By that method justice would be done in the one case where required and the delay and expense incurred by the other 99 cases avoided. There were present Messrs. De Costa, chairman, M. J. White, C. W. (Muir, iH. Gilmer, F. W. Wise, H. R. Kendon, S. T. Gray, L. Miles, T. Corson. W. E. Mcllwaine, F. Tolerton, M. F. Robinson, Burnard, K. W. Bull, James Chrisp, and the secretary, Mr. J. W. Bain. Apologies for absence were received from Messrs. R. P. Baigent, J. O. Musgravc, 11. W. T. Buckley, and J. C. Graham.