THE MACDONALD CASE.

Colonist, Volume LIII, Issue 13106, 15 May 1911, Page 4

THE MACDONALD CASE.

tUNiTED Tress Association.] Wellington, May 13. On the Supremo Court resuming, in he T. K. Macdonald ca&e, Mr. Treadwell contended that T. J£. Macdonald might file an aff adavit showing that he had done his best to satisfy the judgment. That Macdonald's- health would not permit his serving a period of detention. That under sec. 4of the Jndicature Act, the Court had discretion to stay the operation of a writ, pending the filing of further affidavits, re Macdonald's health. Sir Robert Stout said he thought the section referred to before a writ was issued, and the Appeal Court had already decided against Macdonald. Mr. Treadwell wished to deal with the general aspect of the case, but Sir Robert Stout told him he should have done so at the Appeal Court hearing, as they' could not now question whether the writ should have bee* issued or not." Mr Blair said he knew no case where a dishonest person so determined by the Court had beea discharged under such writ on the ground oi ill health, except in one instance in 1885, where the Home secretary wrote to the Court and an order of discharge was made without prejudice. That case, Scarlett v. Fletcher, was not a trustee case. Replying to Mr. Blair's argument Sir R. Stcut said perhaps there was power for tlie court to suspend tho operation of a writ withpufc such action being recanted ns a discharge. Mr. Blair said if the Court decided it had no jurisdiction to deal with the application regarding ill health, then tho suspension of the operation of the writ was out of the question. , Sir Robert Stout said there was a doubt in the Court's mind whether the Court could grant stay of operation of the writ without prejudicing the case, and consequently the defendant would have to remain in the Sheriff's custody until Tuesday morning, when the question of stay of execution wiukl be considered. Thp question of discharge on the ground of ill health would be dealt with on Friday, by when all affidavits must be filed.