JUDGMENT SUMMONS CASES.

Marlborough Express, Volume L, Issue 156, 4 July 1916, Page 2

JUDGMENT SUMMONS CASES.

new Regulations gaz etted. . ;■•/ '( , '..'.•■■•■.'. :.:: '; ■ ■'■ . ', '.■•■■ ' •.' ': ■

,0n Juiy Ist important ne#, 'regulations : governing judgment summons cases heard in the Magistrate's Court caonei into force It .is necesary, (When issuing a stimmons, for counsel for,the •■creditor to swear an affidavit, declaring1 that the defendant, after providing' for the reasonable maiinteaancei of himself and family, had, since v : the date iof the 'judgment, sufficient ir oney to pay the debt. ■ To counteract the tendency of some ''solicitors to swear •these .affidavits without knowing the defendant's real financial ,■■.position, .-.,■. and : without, weighing! the true.; purport of the affidanritj the following regulation has been gazetted:—- \ ; .•; ..-f.fTlie Court way, In its discretion, at. the Keajing of -tho judgment sumnioiis, allow tlie judgment ~ creditor for his solicitors' costs accoi-ding to the- scale. set out in Appendix B ■he-repf; and the Comr t may, in caess where no order has bqen made, allow the judgnient debt oil costs according toY the scaie. for his solicitor, and may also allow; him expenses as a v/itiiessj "iii nccordance Avith:the sca,le< of costs, allmved ' : to/wibnesses andci- this Act or the TCgiilations '. made; thereimder." A rule Jimiting1 the number of adjo\irnmeiits ;'of'-cases, • and throwing ppori: the creditor the onus of show-j ing thrtt ti&ifi likely to obtain a iiidg-'j meiit! ordei-i v/hen the case' cpmes on again, has been gazetted in ilio follottang terms:—-'♦ Wher- it appears to the Opurt that the" hearing of a ! judgment summons cannot- fairly j proceed owing •to , the absence of either the debtor, creditor, -, or a : witless through illness, accident, or. any 'other reasonaible cause, the (Court may adjourn the isame, subject J io the payment-' of sucii costs and j further conduct money as. it thinks just; Except a,s a-forosaid, no. judg-me-nt summons shall be' , adjourned unless; it 'is shown at the. original hearing V 1 thereof that sufficient ■grounds .exist for the making of an order of committal. ■-. And in no case sliall an adjournment be made sine die. -All such edstr, and conduct; money shall, if the Court so directs, forth part of the costs of the judgment summons for all' purposes." The\ manner •' in. which the bankrutpe'y of a debtor nfft-cte a judgment smianions issued against him is dealt unth in the two following lules-—"No warrant of oommitment shall be. where the judgment deb tor >hall, after the making- of an order upon a- judgment summons against him, and1 before the warrant is issued, file in the Magistrate's Court Avithin the district in which the''order was made a,n affidavit ,m tl%v prescribed form, stating that■ fc"o lias been adjudicated a : "bankrupt!,- and that in respect to the judgment debt rhe provisions of the Bankruptcy Act for, the time being ?n force ha\ie been copiplioil with ''