Hawke's Bay Herald. SATURDAY, MAY 17, 1879. THE RECOVERY OF SMALL DEBTS.

Hawke's Bay Herald, Volume XXI, Issue 5384, 17 May 1879, Page 2

Hawke's Bay Herald. SATURDAY, MAY 17, 1879. THE RECOVERY OF SMALL DEBTS.

" Plaintiffs who sue in the Resident Magistrate's Court for debts due to them must expect to suffer loss and inconvenience." Though not the precise words used by Mr Kenny, R.M., yesterday, they convey the sentiment expressed. Mr Kenny spoke truly. A debtor did not dispute that he owed a plaintiff a certain amount, but the plaintiff did not know this, and lie had employed a solicitor and brought several witnesses to Court to prove his claim. The amount he will have to pay in expenses, outside the costs allowed against the debtor by the Court, will absorb a large proportion of the debt for which judgment was given, even if he recovers that debt,, which is problematical. Mr Kenny was quite right in refusing to allow heavier costs, for, as he said, heavy costs might seriously interfere with, the administration of justice. The fact that Mr Kenny was right, however, is j but poor consolation to suitors who find themselves put to an expenditure of time and money to recover a small proportion of the amount to which they are justly entitled. The system under which we work needs reform and thorough reform. But a very few years ago a similar system was in force in England, to the detriment of trade, the mxiltiplication of County Court Judges, and to the benefit of those who incur liabilities beyond their means. One very simple alteration has greatly improved matters there, and would have an equally good effect here. At Home the summons to the debtor has on it directions as to his course of proceeding. He is informed that if, within a fixed time of the day of hearing, he does not give notice of his intention to dispute the claim, and also state the grounds of his defence, the omission to do so will be regarded as a " confession of debt," ard tb.it judgment for the amount claimed will be recorded against him. The creditor has no trouble if l the debt is undisputed, as he. is. .not j

even required to '^attend the courts] "When he. takes . .out the^saninions he has to swear that the plaintiff is indebted to him in. the sum named on the summons, and that is all that is required of him, _ If the debt is not paid within a certain time execution issues, unless the debtor Can show that he is unable to pay. If the debt is disputed the plaintiff knows the grounds* of "'"^fl«feaes arid caii f&kejiist the neces^ry;evident to Vebut- that defence. . If he-.receives judgment for the amount claimed his whole Costs are allowed, 'because the- debtor, in disputing the account,, knows thb Responsibility he is incurring* „, The. system has Svorked admirably, and there is no reason why a reform in the same direction should not be initiated in New Zealand*- Now a^ tradesman hesitates ere he puts' the law in force against dilatory customers, for lie knows not to what trouble and expense he may commit himself by so doing* and many pilfer to lose his money altogether rather than put such a ponderous legal -machine in operation to secure a, problematical, advantage. People are so enabled to get overhead &nd ears ill debt, and then to get off The Attorney-General last year introduced a comprehensive Judicature Bill, for reforming the procedure of our. Courts, but owing to the pres-, sure of other work the bill had to be withdrawn. 3lf he intends to introduce a similar bill 'next session he might, with advantage tack to it a clause or two from th(e English Act.