"ABUSE OF THE ACT."

New Zealand Herald, Volume LII, Issue 15884, 3 April 1915, Page 5

"ABUSE OF THE ACT."

JUDGMENT SUMMONSES.

QUESTION OF ADJOURNMENT.

FtnmiEß comment regarding applications for the adjournment of judgment summons cases was made at the Magistrate's Court on Thursday morning by Mr. 0. C. Kettle, S.M., when Mr. Mowlem asked for a fifth adjournment in a case. I The magistrate said the Act was never intended simply to be used as a screw upon debtors, but was meant to be a means of punishing those who could pay but would not pay. The Act was being abused, and the magistrates were determined to stop it. Mr. iUowlem said the debtor had paid 10s since the previous adjournment, four weeks ago, and ho desired to give him a furuher opportunity of discharging the liability. If an adojurnment was not granted he would have to ask for an order.

The Magistrate : It was never intended that summonses should be issued and kept over people's heads. The magistrates are going to try and stop this practice absolutely. If this is not done the Act will prooably be repealed altogether. Mr. Gregory, solicitor, who was in Court, said it would be a good tiding if the Act was repealed. Mr. Mowlem supported this view. It would, ho said, be a good thing for both creditors and debtors if it was "wiped out." It was certainly not a success in its present form.

The magistrate said that under the pre-' sent system poor working people lost their day's wages, and perhaps their employment, through having to come to Court to show that they could not pay. He did not know how some affidavits came to be sworn, for they stated that since the date on which tho summons was issued the debtor was in a position to pay when, in reality, he had not -had the means to pay. Mr. Mowlem said that many debtors would not pay unless compelled to do bo by an order of the Court. After further discussion the adjournment was granted, but the magistrate said this would be the final adjournment.