THE LETTER OF THE LAW.

Waikato Independent, Volume XVIII, Issue 1404, 27 January 1914, Page 4

THE LETTER OF THE LAW.

-O-MMENT was made by Mr F. O’B. Lough nan, S-M., last week on the ambiguity of the note regarding intention to defend that is attached to summonses for debt (writes the Marlborough Express). In the case which gave rise to the Magistrate’s remarks the defendant . was arabbiter employed in the back country, who had travelled a long distance to contest the claim, but who had failed to comply with the letter of the law by giving notice of defence. Defendant explained that be had not grasped the real meaning of the printed instructions, and had therefore found himself without the right to resist the claim. His Worship, in deciding that a bona ride defence had been proved and that the case should be anjoumed, said that the note in ques* tion was thoroughly confusing. The ordinary layman could not be blamed for supposing that he had to go to Court himself, to rile his defence. Seme reform should bo made. He should think that the best thing to do would be to attach a perforated slip to the summons, with a notice that this could be forwarded on to the Court within a certain time to ensure the right to defend.