IMPRISONMENT FOR DEBT.

Hawera & Normanby Star, Volume XLVIII, Issue 8095, 26 September 1904, Page 2

IMPRISONMENT FOR DEBT.

AN IMPORTANT RULING.

[PRESS AfISOOIATIOIf.]

DUNEDIN, September 28. A case under the Imprisonment for Debt Act came before Mr Justice Williams today, which is of considerable importance. It was in the form of a motion to prohibit Mr C. C. Graham, S.M., from granting a warrant of committal to prison under a judgment summons, the ground of application being that the Magistrate had not jurisdiction to make such order. It was contended that the Act of 1000 limited the power* to cbnimit'in Certain cases [ given in the Act ot 1874, and that "the Act-of 1903, Which repealed the Act of 1900 repealed ' only the ground on which the order coiyd be made; ' His Honor said that while Bection fftfrthe TPrfricjpaJ Act '■wds not expressly repealed by the Act of 1900" (^here 'could be no doubt "that its provision's" were 'rendered inoperative. The Act of 1903 repeajetf th 9 iford section of the Act ot 1900, but did riot'Jn*t«rms revive thos» part* of sactions 8 of 'tße principal Act which the 4905 Act repealed by cimplication. Looking' at the Interpretation of the Act he thought H was the intention of the Legislature under the Act of 1903 in effect to restore the provisions of section 8 of the principal Act. ' As to -preliminaries, so far as he could see the new form of affidavit prescribed something jghjch the Act did not contemplate. It sought '£o ptj^t the proof not upon the debtor', tiut upon 'the nerson who applied for the summons. ' He' thought the' Magistrate had jurisdiction to' issue' the 'sum* i