JUDGMENT SUMMONSES

Opotiki News, Volume II, Issue 242, 4 October 1939, Page 4

JUDGMENT SUMMONSES

LEAVE! * OF COURT

PROGEDURK ADOPTED

An announcement that judgment summonses called for hearing could not be proceeded with without leave of the court except where defendant consented was made by Mr. H. P. Lawry, S.M., in the -Magistrate’s Court, Palmerston North. He said! that .was the consequence of the emergency regulations gazetted by the Government, and that where there were no applications for the leave of the court the cases would be adjourned unless there were no opposition by the judgment debtor. The magistrate stated that where there was noi extraordinary remedy existing judgment summonses had been suspended by the emergency regulations last month.

He added that lie had discussed the subject with Wellington magistrates, .and it had been agreed that, a uniform practice be adopted there, in Palmerston North and in other centres whereby a person seeking to provide a remedy must tile an application, follywing which notice would be given, to the other side to appear and show cause, failing which an order would be made.

That, said the- magistrate, was a similar provision to that gazetted during the last war. the only 'difference being that, this time Jeaye of the court or magistrate could be obtained instead of that of the Attorney-Gen -

ex pafra?: K v o£ necessity the . onus liati been on the person opposing the remedy instead of the person applying for it. ' ■' „ 1 '' / An intimation was giyon that ordinary court processes for . service would be taken, but thatfio save excessive mileage a service would first ’*>. be- attempted by post in.such cases/