Important to Judgment Creditors.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 567, 7 February 1891, Page 2

Important to Judgment Creditors.

Mb Whinbay applied to Mr Booth on Thursday morning to vary an order under tbe Imprisonment for Debt Abolition Act, 1874, against George Laverock. Mr Booth said tbe point was important, and as there were some solicitors present, he would like to hear their opinions on the matter. Tbe point was whether an order for immediate payment, where execution has been stayed, oau be varied. He felt that he must decide that it could not be varied. Mr Cbrisp said that on the reading of section 10 of the Act, he considered that an immediate order—even where execution was siayed—could not be varied. The only power to vary was given where an order was made for payment by instalments. The only course was to get a fresh order. Mr Jones said the point had already raised itself in his practice, aud after careful consideration he had come to the conclusion that such an order couifl not be varied by the Court, Mr Watson took the same view. Mr A. W. Rees expressed no opinion, but did not dissent from that given by the other solicitors. Mr Wbioray : I do not think Mr Jones has grasped the question. (Laughter.) I am asking for the order to be varied because Laverock has left the district. I am not asking for it to be varied io the manner of payment. If he still lived in tbe district I would have asked for bis imprisonment notwithstanding that he had paid a pound. I simply want a variation of tffe order from Gisborne to Napier gaol. (Laughter.) Mr Chrisp : That is worse still. (Laughter.) Mr Jones : You can’t possibly do that; tbe gaol has to be named, and if you want to commit you would have pay his expenses to the gaol named, Mr Wbinray said he had heard Laverock was now at Woodville, and he could not see why the name of the gaol could not be changed. Mr Chrisp: You would find that the gaol authorities would refuse to take him. (Laughter ) Mr Whinray still seemed perplexed, and appeared to doubt whether the situation had beep comprehended even then. However, he thanked His Worship for bis courtesy in lhe matter, and withdrew, Tbe application was of course refused. His Worship said it was a good thing to have these points well ventilated.