EVADING BREACH-OF-PROMISE PENALTY.

Horowhenua Chronicle, 25 July 1929, Page 2

EVADING BREACH-OF-PROMISE PENALTY.

SHELTERING UNDER BANKRUPTCY ACT

OEDEEED TO PAY £1 A WEEK.

AUCKLAND, Last Night. "All right, you can go; I don't think much of you." With this pointed remark, Mr. Justice 0.-tler in the Supreme Court this morning, dismissed Thomas Whitncal Churches ,of Tamaki, who had been brought to Court on a judgment summons by Mr. R. A. Singer arising out ol' a breach of promise case, in which the plaintiff, a young woman, was awarded £250 damage. The case'was-heard on August 23, 1!)2S, by Mr. Justice Reed, when the plaintiff, Miss Pearl May, of Onchunga, churned £IOOO damages for breach of promise to marry.

Mr. Conlan, who appeared for defendant, stated that Churches was the son of a very obi resident of Tamaki, "ho had amassed a fair amount of wealth. He said that Chunjhcs was quite an irresponsible type of youth. He had certainly become engaged to plaintiff but his affection had cooled on:.

Under cross-examination by Mr Singer this morning, Churches said that a* piwvi.it he was working on his father's farm as an ordinary farm hand, earning £2 a week. He had been doing that work for a year or more. He admitted that not long after the case, his wages had been reduced to

.Mr. Singer: What did you do with the motor car vou had'?—l sold it for £25.

What did you do with Hie money.— I gave, it to my lawyer. I'm sorry to hoar that. Yet you went to Sydney IS months ago, How much did you .spend then?—l did not spend much. Witness later admitted that he had spent £l5O. He also said he had beea paid £2OO for a herd of cows. In continuing to question defendant Mr Sin<rer said: —You have another girl?—Yes.

That's the girl you had about here this morning?—Oh, Yes. How long have you been going with her? —About twelve months.

How much have you spent on her in that time?—Xofching, Why did you not attempt to pay th« other girl, Miss May, the amount the Court ordered for the five, years of her life you took?—I haven't the money. Well, what offer can you make? —I would not mind paying 10s a week. And you have been able to pay that during the last twelve months'? —I suppose so. -Mr Con lan then stated that Churches had filed a petition in bankruptcy. Mr Singer: It looks as though your client has thrown away £O. By thft way, Churches, whore did you get the moaiey from? —I borrowed it from Mr' Con lan. After further legal argument, his Honour said: I'make an order for £1 a week to be paid oIY this debt," in default three months' imprisonment. You have obviously been trying to get under the Bankruptcy Act for shelter and T run not going to let you.

Mr Conlan immediately • raisotl a legal point. Quoting the Bankruptcy Aet he pointed out to his Honour that sub section 56 read "Where a judgment debtor, on the return of a judgment summons under the Imprisonment for Debts Limitations Act, 1908, proves he has been adjudicated bankrupt and that th:} debt is provable in bankruptcy, no order of committal shall be made."

His Honour (to Mr Singer): You have your remedy under the Bankruptcy Act. Churches should not get his discharge until he has paid. His Honour, turning to Churches, then said: "You can go; I don't think much of you."