"PUTTING IT MILDLY."

Auckland Star, Volume LIII, Issue 87, 12 April 1922, Page 5

"PUTTING IT MILDLY."

mfSTOCESSFITL APPEAL AGAINST IMPRISONMENT FOR DEBT. .An application that a. writ of prohibit tion be issued to restrain Messrs. J. li Wilson and T. M. Grace from proceeding further upon an order of committal made by the former, ordering John Sydney Orchard to pay Grace £73 3/ forthwith, or in default two months' imprisonment,- was made before Mr. Justice Seed in the Supreme Court yesterday. Mr. Field appeared for the applicant Orchard, and 'Mr. Liuxford for both defendants. Mr. Field stated that he based his application on the ground that the Magistrate had exceeded his jurisdiction in that the order for imprisonment was made by reason of the debt being incurred by fraud and that there was no evidence to support fraud. He quoted several authorities in suppcrrt of thU contention. 'Mr. Luxford stated that he preferred to contest the application on its merits, rather than pnt forward technical objections to the proceedings, which he submitted were irregular. He based his opposition on three grounds, lirstly, that the facts as admitted in the statement of claim supported a. finding that the debt was incurred by fraud, and that Orchard had charged property with intent to defraud Oraoo; secondly, tlvat the magistrate -sas the judge of fact, and even if he had decided the fact erroneously prohibition would lie; thirdly, that a magistrate exercising his powers under the Imprisonment tor Debt Act had concurrent jurisdiction with the Supreme Court, and where there was concurrent jurisdiction prolubition could not ?>e issued against a magistrate. Hie Honor stated tiiat there was no need even for Mm to reserve his decision. Conneel for the applicant had stated that applicants actions had not been quite honest. In his opinion that was putting it mildly. The application 'was dismissed with £7 7/ costs and disbursements.