BREACH OF PROMISE

Hokitika Guardian, 25 July 1929, Page 3

BREACH OF PROMISE

- ■■ JUDGE AND BANKRUPTCY ACT. (By Telegraph—Press Asfl^iation). AUCKLAND, July 24. In the Supreme Court last August, Miss Pearl May was awarded £250 damages against ’ Thomas Whitneal Churches for'breach Of promise of marriage. As the damages had not been paid, Churches appeared in Court today on a judgment summons. In the course of a discussion, Mr Justice Ostler said to Mr Conlan, defendant’s counsel: ‘Mf Mr Singer (who appeared for Miss May) shows that this man is able to pay the amount of damages, the Court is able to send him to gaol. If lie shows the man has at the time of the judgment the means to pay, lie can be put in prison.” Churches was examined in the wit-ness-box, and replying to questions, said lie now had another girl, hut would not mind paying ten shillings a week off the amount of damages to Miss May, Mr Conlan then stated that Churches had’ filed a petition in bankruptcy. After legal argument, his Honour said: “I make an order for £1 a week to be paid off this' debt, in default three months’ imprisonment. You have‘obviously been trying to'get tinder tlie '.Bankruptcy Act for shelter, and I jam not going to let you:” 1 1 iMr Conlan immediately raised’a legnP point.'- Quoting the Balikhiiitcy-Act, • he pointed out to : Ids’ H6npui''HinF : suh-* ’Section 26 read: “ Where" A judgment' 'debtor on-the return 1 of !> a judgment summons under tbe lmpMsbiunent for’ Debts' Limitations ' Afct' (1908) proves hd has been adjudicated a bankrupt, arid’ that the debt is ' provable in bankruptcy, no order of committal, shall i he made.” His Honour (to Mr Singer): “You have your remedy under the Bankruptcy Act. Churches should not get his discharge until he lias paid.” His Honour (turning to Churches), said: “You can go. I don’t think much of you.”