The Southland Times. WEDNESDAY, JANUARY 6, 1869.

Southland Times, Issue 1085, 6 January 1869, Page 2

The Southland Times. WEDNESDAY, JANUARY 6, 1869.

Dxteing the last session of the Assembly, the working of the " Resident Magistrate's Act, 1867," was fully discussed, especially with reference to the imprisonment clause, and the result was the passing of an Act intituled "an Act to amend the Resident Magistrate's Act, 1867." As there are a number of tradespeople who may perhaps be unacquainted with the change in the law relating to petty debts, we make extracts in order to point out the difference between the old and the new Act. The following is a synopsis of the enactment. The first two clauses state the title of the Act. Clause 3, provides that " when the limit of jurisdiction of any Resident Magistrate's Court has been or should be extended under the provisions of the said Act, and more than one Resident Magistrate resides in the district," one shall be sufficient to exercise the extended jurisdiction. By Clause 4, it is provided " that under special eircutnstauces the Court may permit any party to appear by an agent appointed in writing, or where any person sued is out of the colony, by any agent appointed in writing by any person holding a power of attorney." Clause 5, states that "so much of the seventy-fourth section of the said Act (1867), as provides that no persou shall be imprisoned on account of any judgment debt of less than £10 in amount is hereby repealed." The portion of the Act 1867, referred to, reads — " provided that no person shall be imprisoned on acconnt of any judgment debt of less than £10 in amount." Clause 6, provides that the former portion of ttie seventy- fourth and tbe whole of the seventy-hfth section of the aforesaid Act shall apply only to judgment debts of more than £10 in amount. Clause 7 and 9 fully explain the nature of the change in the Act, therefore we give them in extenso, and clause simply provides tor the issue of a wurraut in default of the party sum inoned not appearing at the time and place named. 7. It shall be lawful for any Resident Magistrate or Justice of the Peace upou

the application of any party who has obtained judgment under the authority of the said Act for the payment of any debt or damages of less than ten pounds in amount and which remains wholly or partly unsatisfied to issue his summons. (1.) directed to the party against whom such judgment shall have been obtained requiring him to appear at a time and place to be in such summons mentioned at the Resident Magistrate's Court in which such judgment shall have been given or at the Resident Magistrate's Court or Petty Sessions Court of the district withiu which he shall then be residing or carrying on business or before any Kesident Magistrate or two Justices of the Peace near unto the place where he shall reside or carry on business if he shall reside or carry on business in a place not comprised within the limits of any Resident Magistrate's or Petty Sessions District to auswer such things as are named in such summons and if he shall appear in pursuance of such summons it shall be lawful for the Court or the Resident Magistrate or Justices as the case may be to examine him upou oath touching his estate and effects aad the manner and circumstances under which he contracted the debt or incurred the liability as to which judgment has been obtained against him and as to the means and expectations he then had and as to the property and means he still hath of discharging the said debt or damages or liability and as to the disj posal he may have made of any property and the person applying for such summons as aforesaid and all other persons whom the Court Resident Magistrate or Justices as the case may be shall think requisite may be examined upon oath touching the inquiries authorized to be made as aforesaid and the costs of such summons and of all proceedings thereon shall be deemed costs in the cause. 9. If the party attending in obedience to any such summons or brought up by virtue of any such warrant shall refuse to be svporn or to disclose any of the things aforesaid or if he shall not make answer touching the same to the satisfaction of the Court Resident Magistrate or Justices of the Peace as the case may be or if it shall appear to the Court or the Resident Magistrate or Justices of the Peace either by the examination of the party or by any other evidence that such j party if a defendant in incurring the debt or liability which is the subject of the action in which judgment has been ob- j tamed has obtained credit from the plaintiff under false pretences or by means of fraud or breach of trust or has wilfully contracted such debt or liability without having had at the same time a reasonable expectation of being able to pay or discharge the same or has with in-tc-nt to defraud his creditors or any of them made or caused to be made any gift delivery or transfer of any property or charged removed or concealed the same or if shall appear to the satisfaction of the Court Resident Magistrate or Justices of the Peace that the party so summoned has then or has had since the judgment obtained against him sufficient means and ability to pay the debt or damages or costs so recovered against him either altogether or by any instalment or instalments which the Court in which the judgment shall have been obtained shall have ordered and if he shall refuse or neglect to pay the same as shall have been so ordered or as shall be ordered pursuant to the order hereinafter provided it shall be lawful for the Court Kesident Magistrate or Justices of the Peace if it he or they shall think fit to order that such party be committed to any convenient gaol for any period not exceediug three calendar months And it is hereby expressly declared that when a debtor is committed under this section of this Act the creditor at whose instmce such debtor shall be committed shall not be required to pay the maintenance money required to be paid by three hundred and eleventh section of " The Bankruptcy Act 1867." 10. It shall be lawful for the Court Resident Magistrate or Justices of the Peace before which or whom any such summons shall be heard if it he or they shall think fit to rescind or alter any order that shall have been previously trade against any defendant so summoned before it him or them for the payment by instalments or otherwise of any debt or damages recovered and to make any further or other order either for the payment of the whole of such debt or damages and costs forthwith or by any instalments or in any other manner as> the Court Resident Magistrate or Justices may think reasonable and just. Clause 11 is also of importance. It is to the effect that in every case where the defendant shall personally appear to answer the summons if judgment shall be given against defendant for any sum less than ten pounds, the Magistrate shall exercise the same " power and authority of examining the defendant and other parties touching the several things hereinbefore mentioned, and of committing the defendant to prisoa, and of making an order as the Court or Resident Magistrate or any two Justices might have exercised under the provisions before mentioned, in case the plaintiff had obtained a summons for that purpose after the judgment obtained as hereinbefore mentioned." The 12th clause appoints the keeper of the gaol to keep the defendant until discharged under the Act. 13. Imprisonment no satisfaction or extinguishment of debt. 14. Imprisonment under civil process to be in a public gaol of the province. 15. Debtor to be discharged from custody on payment of debt and ; cost. 1(3. The eight preceding sections to apply only to judgments under ten pounds. The 17tti iinpovvera the Magistrate if it is made to appear to his satisfaction by affidavit of a creditor that a debtor is about to leave the colony with intent fraudently to evade

the payment of the account due, to issue a warrant under his hand returnable immediately, and thereupon to cause such defendant to be brought before him and upon investigation of the case either to discharge such defendant or to hold him to bail for any sum not exceeding the amount sworn to in affidavit ; provided that it shall be lawful for any defendant against whom such warrant has been issued for any amount to deposit with the officer executing such warrant, or with the Clerk of the Court in view of bail such amount with three pouuda cost, aud the sum so deposited shall be paid appplied and dsposed of according to the judgment of the Court. The 18th empowers the Magistrate to order immediate payment, and execution may issue at once, The 19th provides that if judgment goes against the plaintiff, the Magistrate may award defendant compensation. )