JUDGMENT SUMMONSES.

Waikato Times, Volume XXXV, Issue 2825, 21 August 1890, Page 2

JUDGMENT SUMMONSES.

TO THK KDI IOIt. Sin,—Compared with the penalties inflicted iti your Waikato Courts in judgment summons cases, it will make some of your unfortunate victims envious to read the report of the civil cases heard before Mr Northcroft at Paeroa lately. In a paper now before me I remark a judgment summons, £5 ss, ordered to be paid in a week or in default one month's imprisonment; another judgment summons, ill 7s, judgment in this case had been given eight years ago, and although the defendant swore he had not had any means to pay nince, theK.M. quite naturally did not believe him, and ordered him to pay in a fortnight or two month's imprisonment. With the discretionary power in the hands of the Court it does seem to mo to be the duty of the R.M. where he can see that the debtor is either obstinate or taking every advantage to evade a just claim that such a term of imprisonment should be made the penalty, that he would prefer paying up. As the law is at present it is quite difficult enough to obtain a judgment, and one would think after the Court lias ordered a debtor to pay so much a week, or as it frequently happens the debtor himself makes the offer which the creditor accepts and the Court aflirins, that default in carrying this out should be sufficient to institute contempt, and a torm it imprisonment follow. As it is, a judgment summons lias to be issued, and in certain courts you have to bring all sorts of evidence to prove that the debtor has been in a position to pay, and unless this is strong enough, or however self evident it may lie that llm debtor must have been in a position to do so, notwithstanding his denial, as m the casu referred to above, the judgment creditor fails. The law on this subject requires a lot of altering.—l am, yours etc., SWAMI'KIi. Waitoa, August 19, lSiiO.