POSTMAN'S JOB

NZ Truth, Issue 1177, 21 June 1928, Page 6

POSTMAN'S JOB

Civil Summonses By Letter Post The serving of civil, summonses by registered letter is not foolproof. DUT then, the Amendment to the Magistrates Court Act came into operation on All Fools' day. In cases where the defendant m a civil action resides over five miles from the nearest court or police station from which service is to be effected, the summons requiring him to appear before the magistrate is enclosed m a registered letter. This is posted to the defendant, who is required to sign a receipt, which is held to be good and sufficient proof of service. The fact that over 100,000 summonses are issued annually places the subject before the public as highly important. WHERE DESIRED ' Although the Act appears to make provision for service by post, "where it is desired," clerks of court, whose actions are governed by the Department of Justice, are directed to insist that such summonses shall be served by registered letter. • The, summonses registered would be those . on which a bailiff would claim over four shillings mileage (mileage being at the rate one shilling a mile up to the first five miles), but although those responsible for the legislation state that the regulations are primarily for the purpose of relieving the hardship put upon debtors by reason of mileage costs added to processes, the facT/Temains that those affect.cd are too few to justify present regulations. The disadvantages of service by _ post should be obvious. Assuming a court fixture has been made, judgment cannot be given until the receipt card is returned from the post office to the court. The letter migjht be unclaimed at the post office for weeks while the debtor is -till,living at his usual address, easily accessible by bailiff Or constable. • Cases are common, too, where a debtor, a summons against whom has been returned unclaimed, has been seen almost daily by the court bailiff. Furthermore, service on persons who have no permanent address and move around the country is almost impossible under the new regulations. PERSONAL TOUCH '. Solicitors m country districts very often rely on bailiff or constable^— whose duties make him acquainted with most people m his district— -for.'' information as to the addresses of the non-paying members of the community. But these officers can scarcely be expected to divulge such information m furtherance of a scheme depriving them of their jmileage, comprising aa it does, a considerable portion of their earnings. Locating defaulters m becoming . increasingly difficult. There are districts m New Zealand where there is no post-office, or where numbers . of v people live at great distances from the nearest post office. In other cases there is a mail contractor, but no post office where registered matter can be satisfactorily dealt with. ", Owing to the difficulty m serving summonses by registered letter, the date appointed for hearing a claim may be set further ahead than formerly, thus impeding litigation. It is considered that the new legislation is likely to find a place on the an-, tiquated shelf where reposes the antiy shoutirig law and other sorry evidences of legislative inaptitude.