SERVICE OF SUMMONSES.

Hawera Star, Volume XLVII, 23 May 1928, Page 11

SERVICE OF SUMMONSES.

BY REGISTERED POST. . A SOLICITOR’S PIW.fEST. The' m<?w method of service, of summonses issued Horn the Aragistratra's JoUiTts, which iiaisi been the subject oi :n inch, adverse cinitdcisun by the law scleties throughout, the Dominion lecenty, was very strongly protested against iy Air Brian Malone at the Hawera magistrate's Court this morning. A lien a. Summons was called, the dark ■A the Court announced that it had not ; jeen served. Air Malone asked that die presiding justices permit that ’the ■ summonses be served by the bailiff. He jointed Out that the summons .in quesudn wn« issued front the .Vocal count Mice on April 27, and set down for .earing on Alay 23. The summons was sent by doable registered pqefc, which meant that the addressee, and the iddressee o.nlv, must call per solidly ‘at the Post Office and' siign ui acknowledgment. A direction on the envelope stated that if me letter wa.s not called for wDfchin ten .ays it was to be rTurned: to a, certain .os't office box. That meant that if the lebtcr wa.s absent, or did not call for iis mail, or when calling for his mialil Lee-lined to- sign the acknowledgment, die creditor was delayed. If the sumiions wa s returned To- the Court issuing fc, then permission, must be obtained to Vave tlie summons served by the bailiff. ' This meant delay and the period between the issue of a summons and rither payment or the recording of a udgment was '.practically doubled. Air Alai one stated that a. case had -ome to 'his knowledge where the debtor vos told that there was a registered ?tter for him at the village post office, le (the debtor) made inquiries, and! on veing told it was probably a summons, ’eclined to call for ilt. When the time or returning the packet to the court of ssue had’ arrived and the plaintiff obtained permission far personal service, he debtor could not be found. The cards issued by Hie authorities vit'h regard to registered ‘summonses were clearly marked l on one side with the words “From the Clerk of the Aou.rt.” This gives the debtor the in"lination that the registered letter a.dIrassecl to him was a summons, and he nvariably refused to accept. “The whole thing is an absolute ’•once.” said the speaker, “and all pracVtioners undoubtedly agree that the -•aoener the thing is vrinsd- out the bet- ' eir. It is unfair to the creditors.