IMPASSE CREATED

Gisborne Herald, Volume LXVI, Issue 20086, 4 November 1939, Page 7

IMPASSE CREATED

JUSTICE DEPARTMENT DIRECTION TO CLERKS SUMMONS PROCEDURE MAGISTRATE’S STAND (Per Press Association.) WELLINGTON, this day. The action of the Department of Justice in issuing to Magistrate’s court clerks a circular containing instructions contrary to the decision of a magistrate, was criticised by Mr. J. 11, Luxford, S.iVL, when applications lor leave to issue judgment summonses came before him to-day.

Mr. Luxford refused to deal with the applications and. although expressing the opinion that the court’s refusal to deal with them would be unfortunate for the ' solicitors, he stated that an impasse had been created.

The department had apparently seen fit to attempt to overrule a judgment of the court by giving specific instructions to the clerk of court not to do what the court said was lawful for him to do. The clerk of the court was bound to obey the direction of the department, namely not to accept an application for a judgment summons until leave of the court had been obtained.

“However," said Mr. Luxford, “1 propose to follow the judgment by Mr. A. M. Goulding, that such leave is not necessary and, therefore, I refuse to deal with such applications.”

A point of principle was involved, and he proposed to administer the regulations in accordance with Mr. Goulding*s judgment and not in accordance with the department’s circular.

Mr. Goulding, in his judgment, held that the issue of a judgment summons ms not a proceeding to execution in enforcing a judgment. On, however, a judgment order being obtained, an application to have a debtor imprisoned in pursuance to the order became an execution and leave of the court at that stage must be obtained before a warrant of committal could be issued.