A NEGLECTED POINT.

Press, Volume XLVI, Issue 7264, 25 January 1889, Page 6

A NEGLECTED POINT.

Attheßesident Magistrates' Court, Christ" jhurch, yesterday, before Mr C. White" foord, 8.M., with H. J. Hall and F. J. Kirn bell, J "P.'s, a debtor on judgment summons was being examined as to his ability to pay, when Mr L. Cohen, his counsel, probably for the purpose of influencing their Worships' mind, asked the debtor to inform the Bench how the debt had been contracted. Mr Whitefoord stopped him, saying that they had nothing to do with the merits of the case, what they were to do was to enquire why the judgment had not been complied with. Upon this Mr Cohen referred his Worship to sub-section 4 of section VL of the Imprisonment for Debt Abolition Act, 1874, which says that the debtor may be examined, among other things, "as to the mode in which the liability, the subject of such judgment or order, was incurred." This appeared to satisfy the Bench, for the debtor was then allowed to state that he incurred the liability by backing a bill for another person, and that he had never received any part of the proceeds. The point raised by Mr Cohen has not before been brought voder the notice of this Court.