IMPRISONMENT FOR DEBT
There was a lengthy and interesting argument before Mr Justice Williams to-day upon a motion in Lothian v. Burden to prohibit the magistrate, Mr C. C. Graham, from granting a warrant of committal to prison under a. judgment summons, the ground of the application being that the magistrate hud no jurisdiction to' make such order. Mr W. Downie Stewart, appearing for the judgment debtor, contended that the Act of 1874 gave power to imprison in certain specified cases, that the Amendment Act of 1900 limited those cases still further, and that the Act of 1503,‘ which, repealed the Act of 1900, repealed the'only grounds on which an order could be made. He also raised ;ai objection to the preliminary procedure. Mr L. E. Williams, instructed by Reid and M-acassey, appeared for the judgment creditor, and contended that the Act of 1874 was not repealed, or, if repealed, was revived. His Honor adopted the view put forward by Mr Williams, and refused nrolubit-ion, with, costs.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/ESD19040923.2.30
Bibliographic details
Evening Star, Issue 12307, 23 September 1904, Page 4
Word Count
167IMPRISONMENT FOR DEBT Evening Star, Issue 12307, 23 September 1904, Page 4
Using This Item
Allied Press Ltd is the copyright owner for the Evening Star. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons New Zealand BY-NC-SA licence. This newspaper is not available for commercial use without the consent of Allied Press Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in