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Whilst, therefore, I concur in the statement that before the power of attachment ought to be deemed applicable the statute must be plain ana clour, I am of opinion that the statute read in its ordinary meaning intended to give and did give all the power to enforce an order for payment of a fine that Rule 386 of the code of civil proceJnre gives, and that the order for_ payment of a fine did not become a judgment for money in an_ 'action for debt or damages so as to bring it within the exception mentioned in the rule. There have been many oases cited and many legal bypaths trodden in the argument, hut- in my opinion the iesue is as I have (?tated it, and little or no a ; d can be got in interpreting the statute from a perusal of these clauses or from exploring those bypaths. lam of opinion that the appellant must pnccrerl and the judgment below must be revensed M'itli a direction to the Supreme Court to issue attachment.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/TS19070823.2.11

Bibliographic details

Star (Christchurch), Issue 9015, 23 August 1907, Page 1

Word Count
175

Untitled Star (Christchurch), Issue 9015, 23 August 1907, Page 1

Untitled Star (Christchurch), Issue 9015, 23 August 1907, Page 1