DEFAULTING DEBTORS.

Hawera & Normanby Star, Volume XLII, Issue XLII, 2 May 1922, Page 7

DEFAULTING DEBTORS.

POWERS TO IMPRISON.

An interesting point was raised in the Magistrate's Court at Hawera, before Mr A. M. Mowlem, S.M., by Mr H. L. Spratt to-day. Counsel was pressing an application previously made by him in which he sought a second order for imprisonment against the issue a second order for imprisonment said that under the law he could not issue a second order for imprisonment, on a judgment summons, though under the old law a debtor could be imprisoned until such time as the debt was paid. In these more enlightened days they recognised that a man could not pay while he was in gaol, and that it was unfair that the responsibility should fall upon his relatives or friends. In 1883 an Act was passed in New Zealand which (speaking from memory) was entitled the Imprisonment for Debt Abolition Act. The word "abolition meant something, and the Act took away the right to keep a man in prison till he -could pay. But what settled the point was the provision that no man shall be punished $*wice in respect ,to the same default. Mr Spratt was about to amplify his previous remarks, but was asked by His Worship not to interrupt. Mr Spratt: "If I understand your Worship intends to give judgment against me -" His Worship: I certainly am. Please don't interrupt. Mr Spratt: Will you give your judgment in writing. The Magistrate: No, but the reporter is here taking down what I am saying, and if necessary I will state my position .in writing later. Mr* Spratt: Every member of the bar is with me in the position I take up. The Magistrate: And every Magistrate is with in my decision. (Laughter). Continuing. Mr Mowlem said it was perfectly clear that no person could oe imprisoned twice in respect to the same default. The default alleged in the affidavit was that on a certain date judgment had been obtained, and the defendant had not been paid. This allegation had been made in 1918, and it was repeated in 1921, a further order being sought for imprisonment. If he granted the -second or_der the judgment debtor would be punished twice in respect of the same debt. That was his ruling, and he would refuse to make .an order. The words from "time to I time," which were included in the New Zealand Act, distinguishing it from the English Act, may have quite a different meaning to that attached to them by counsel. It was possible to issue a. judgment summons and not execute it for twelve months. The words may apply to this portion, giving the right to continually issue proceedings by which a debtor could be put in gaol. The argument used by counsel could not have any appealing effect and was contrary to the opinion of the majority, if not all the Magistrates.. Mr Spratt: You refuse to exercise I' jurisdiction? *> Mr Mowlem: Yes. Mr Spratt: I can now take steps fot for a mandamus