JUDGMENT SUMMONSES.

South Canterbury Times, Issue 3817, 2 July 1885, Page 3

JUDGMENT SUMMONSES.

The following is the “ Auckland Star’s’’account of the case referred to by Mr Beswick, E.M., on Tuesday last. Mr Justice Gillies was sitting in Chambers: —“In re Shaw v. Edward Byrne, the defendant came up for examination in order to show cause why he did not pay the amount in which he was indebted on a partnership account. Byrne deposed that he was a stonemason, and that at present he was only earning 12s a day, upon which he had to support a wife and five children. Mr Dufaur, on behalf of the plaintiff, asked for an order for the payment of 10s per week. His Honor absolutely declined to make any such order. He said that it was a perversion of the spirit of the Act to make orders of this kind in cases where the debtor had only bis weekly wages to depend upon. It was only intended to apply in cases where the debtor had means, and showed a disposition to have recourse to fraud for the purpose of ending his responsibilities. He observed that a groat number of these orders were made upon judgment summonses in the Lower Court, and he only wished that these applications came before the Supreme Court when he would deal with them in a very different manner.