The Daily News. TUESDAY, APRIL 17, 1900. JUDGMENT SUMMONSES.

Taranaki Daily News, Volume XXXXII, Issue 90, 17 April 1900, Page 2

The Daily News. TUESDAY, APRIL 17, 1900. JUDGMENT SUMMONSES.

The recent remarks by Mr. Stanford ■ S.M., relative to a new departure h< intends to make in refusing adjourn ments of judgment summonses, an likely to be considered seriously b) three sections of the community—th< legal fraternity, the commercial am. professional classes, and tlio impecuni ous. To eacli and all of there Mr Stanford's words will carry that weight and import which his position enforces it will behove them, therefore, to take heed of what is in store, for there is not the slightest doubt that after hav ing carefully considered the mattej His Worship will adhere to the linei he has laid down. Possibly to some ii might appear as if in the future it wil practically be impossil >le, after going t( the trouble and expense of obtaining a judgment for a debt, to be able t< secure the benefit of ,the process. Btr Mr. Stanford very clearly stated thai though his intention was to ease th< debtor, yet as far as possible he woulc help the creditor to get his own. A 1 the same time it is evident that th< Magistrate feels be is bound by th( Act, which is an Act for the abolition of imprisonment for debt, and is 01113 proposing to act in accordance witl recorded judgments such as that ol Judge Richmond, who held tliat judgment summonses were not so much 1 means ot enforcing payment of a debt as [providing a punishment for con tumucy and fraud on the part of a debtor. Thwo are several other clearly expressed opinions of learned judges on the same point, nil tending to show either that the debtor musi be proved to have had means to pa] 1 and failed to do so, or that an order 01 a judgment summons must be regardec as supplemental to the remedy of at execution and nut as an effective meant of putting 011 pressure to enforce payment. The one point that seems par--1 ticularly clear, and to which attention was strongly diawn by His Worship, it that on the heal ing of a judgment summons it must be shown, before an ordei will be made, that the debtor at somi time since the original summons wa: heard, and before the judgment sum ) mens was called on, actually had iu hi: possession or control, at one time, th< whole sum requisite for liquidating the debt and that he had used it for somt other purpose. This is the keynote ol the situation. The fact that the debtoi is earning money or has a prospect oi doing so will in the general way be an i argument beside the question, as Mr, Stanford does not hold with earmarking' future earnings, unless, of course, there should be special circumstances. The elicet of this policy will be that a debtor who is struggling to keep his head above water will not be harassed with the threat of imprisonment but will be given a chance to get on his teet again. At tlio same time it is well known that there exists a section of the community whose aim ic is to devise means for escaping the payment of their obligations. In such cases there may be some trouble to overcome their dishonourable tactics, but it may fairly Le assumed that ihe creditor will mostly lie able io adduce sullicient evidence to ■ ■lisuiv • adequate Oiinishmont. A ■gicu; sequence To protecting the uuJi'Um.ite but well debtor ■"onl'l be severe treatment of the rogue. >'■> tj.o legal fraternity the change ■leans agreatuea!, ior'uistead oi merely oiuing into Court on tne el.ance ui '■X'ji'actii.g a;, adr.ijs-fiuii iioiu the debtor as to his means, past, present and future, it will be necessary for La i.i :,',ijr:y briefed ami prewired viti: wituussi-s iufet as if they bad an action to conduct. WJiat e/loct ' !tis chiingj ox practice wi!l have on the ••■•edit .system :t is diiiieuir. to coiijecije. At al; events and others who are in the hubit ol' giving credit will d-» to cj isicer the mat°-•.r—-not v. ill: ■■ -■ vif."v :.; 4 atteiimtiiiy ■■■■.• stop credit, U-n :i> ihe diivctivm «t exorcising cautio.-> in as!.>w:Y.g -cores to • e run up ly t.uso v, ho-u available i\-sets are eithei .- made ■-vei'*v v a. ji-jbe;' ; tit-- ■