COURT NEWS

Hokitika Guardian, 5 November 1932, Page 5

COURT NEWS

ILLEGAL FORM

USED FOR RECOVERY OF DEBT.

(Per Press Association — Copyright.)

WELLINGTON, Nov. 4

Alexander William Nesbit; secretary of the Wellington Aero Club, was convicted and ordered to pay costs for posting to one of the Club’s debtors a document “in imitation of a judicial process.” The form was impressively headed with a notice or final notice of an intention to proceed in the local Court. The text begins with a finelooking <: ‘Wher ias,” and ; proceeds with legal terminology with suitable blanks for filling in names and amounts. .Counsel for Nesbit explained that the Club had difficulty in collecting some amounts due. One of the executive bought from a canvasser a number of forms. One- of these was sent to a man, who rang up the Court and asked for Time to pay. Then he learned the document was illegal. Nesbit, as. secretary,, had obediently followed instructions, and, on leafhihg of the illegality, had endeavoured to trace the man from whom the forms Were bought. Counsel asked for the suppression of his name. The Magistrate said that he had no doubt that the' defendant acted with-, out knowledge of the statutory bar to this sort of document. If seemed clear that the document came within the section and ips issue constituted a legal offence, and defendant would be convicted and ordered to pay costs. The"e was no justijication in a case of this sort to make an order suppressing the name.

A second defendant, Robert Watchman, a grocer, was' similarly charged, and similarly dealt with.