EVADING A JUDGMENT

Taranaki Daily News, 25 July 1929, Page 13

EVADING A JUDGMENT

BREACH OF PROMISE SEQUEL SHELTERED BY BANKRUPTCY ACT. JUDGE MAKES STRONG COMMENT. By Telegraph.—Press Association. Auckland, Last Night. In the Supreme Court last August Miss Pearl May was awarded £250 damages against Thomas Whitneal Churches for breach of promise of marriage. As the damages had not been paid Churches appeared in Court to-day on a judgment summons. In the course of the discussion Mr. Justice Ostler said to Mr. Conlan, defendant’s counsel, “If Mr. Singer (who appeared for Miss May) shows that this man is able to pay the amount of damages the Court is able to send him to gaol. If he shows the man has, since the time of the judgment, means to pay, he can bo put in prison.” Churches was examined in the wit-ness-box and, replying to questions, said he now had another girl, but would not mind paying ten shillings a week off the amount of damages awarded to Miss May. Mr. Conlan then stated that Churches had filed a petition in bankruptcy. After legal argument His Honour said, “I make an order for £1 a week to be paid off this debt, in default three months’ imprisonment. You have obviously been trying to get under the Bankruptcy Act for shelter, and I am not going to let you.” Mr. Conlan immediately raised a legal point, quoting the Bankruptcy Act. 'He pointed out to His Honour that subsection 50 read: “Where a judgment debtor on the return of a judgment summons under the Imprisonment for Debts Limitations Act 1908 proves he has been adjudicated a bankrupt and that the debt is provable in bankruptcy no order of committal shall be made.”

His Honour (to Mr. Singer): You have your remedy under the Bankruptcy Act. Churches should not get his discharge until he had paid. Turning to Churches His Honour said: “You can go. I don’t think much of you.”