APPLICATION BY BONDSMAN.

Press, Volume LXVII, Issue 20302, 30 July 1931, Page 6

APPLICATION BY BONDSMAN.

WAR COMRADE ABSCONDED BAIL. (special to the phess.) TIMARU, July 29. An application'was made by Robert Grant Scott, of Christehurch, to the Supreme Court to enter judgment without having to make any payment in respect of a bond he had entered into for George Arthur King, who had subsequently absconded, from bail. The application was based on the grounds that, according to equity and good conscience, the real merits, and justice, Scott ought not to be required to satisfy the judgment. In support of the application Mr Emslie said that on February 28th, 1930, at Waimate, Scott entered a recognisance of bail for the appearance of King at the next sitting of the Supreme Court in Timaru, to stand his trial on a charge of obtaining money by false pretences. King failed to appear and bail was forfeited. At a sitting of the Court on February 3rd, 1031, the recognisance of bail was estreated, and on about February 21st, 1931, judgment entered against Scott for £l5O, with costs £5. Scott and King had been in the Australian Flying Corps together during the war, and King had saved §cott's life on one occasion. Knowing that King, to his mind, was a good character with an excellent war record, Scott had no hesitation in acting as bondsman for him. While out on bail King had received permission to go to Wellington, where ho reported to the police. There was no objection to his going to Auckland for i a visit, and'when he returned to Wellington he again reported. A few days later, it was said, King absconded from bail at Wellington, and Scott had done all he could to locate him.

Mr Campbell pointed out that the police had no power - to order King to report, and they could not be blamed for doing what was the bondsman's duty.

After legal argument, his Honour jaid that judgment had. been entered, nit whether ex gratia a part of the bail should be remitted, in view of the financial position of the bondsman and the •whole of the circumstances of the case, was a question for the GovernorGeneral in Council.