THE Manawatu Times. SATURDAY, MARCH 5, 1881. MORE LEGAL ECCENTRICITIES.

Manawatu Times, Volume V, Issue 122, 5 March 1881, Page 2

THE Manawatu Times.

SATURDAY, MARCH 5, 1881. MORE LEGAL ECCENTRICITIES.

" Words are things, and a drop of ink falling like dew upon a thought, produces tHr.t which makes thousands, perhap* millions think,"

An analysis of the laws regarding the relations between debtor and creditor" must certainly lead to no other belief than that the statutes were framed for the exclusive protection of dishonest persons. This is a fact which few creditors who have been foolish enough to think otherwise have not found out to their cost. Jones rnns up an account with Koßisrsoy, but when pi-essed for payment the former threatens, if pushed — that is, caked to disgorge -r-thftt he will file, He doee so, and.

hav'ng once protected himself from arrest he proceeds no further with the formalities of the Bankruptcy Act than what are sufficient o secure his immunity from imprisonment. But even supposing lie is not disposed to proceed to that extreme measure m order to evade payment, there are other courses open to him, and courses eanct-oned by the law, to wriggle out of it. Say for instance, Jones, who lives at FoxtoiL.owes Brown of Palmerston thirty shillings, and refuses to pay. The .creditor first takes out a Bummons, for which he has to pay four shillings ; then before the case can be heard there are three more shillings for a hearing fee. When that has been paid by the creditor, and the case called, Jones does not appear, and judgment is given by default. But Jones makes no sign, ignores the Court, and treats the judgment with contempt. The law is again appealed to: the creditor takes out a judgment summons, but this time Jones responds by forwarding a letter to the Court that he is without means and cannot attend for want of funds. What is the result? Why that the case is dismissed for ever, or adjourned so that the unfortunate Brown may pay the debtor's expenses from Foxton to Palmerston to appear afc Court, for what, to swear that he is unable to pay, and so put the creditor after all his outlay out of Court. The Magistrate does not say, " well, when can you pay ?" or make an oHer for payment by instalments On the contrary we have a distinct recollection of a case m which Mr WaldeGRAVE sued a debtor, and although the man wrote that he was willing to pay if time were given him, and Mr Perkins, as Mr Waldegr.-yye's representative, freely accepted the terras, and offered to take payment within a year, the Bench point blank refused to make such an order, ru ling that counsel should prove the defendant able to pay, otherwise the case should be dismissed It was not at all likely that Mr Wa.ldegtia.ye would be so foolish as to pay the defendant's expenses from Hawera to prove an inability to pay of which he was himself aware, and he consequently considered the first loss the best, and dropped the case. But we ask is not such action a monstrous burlesque upon justice. Here we have a man admitting his indebtedness, asking for time, and willing to pay, when the law by its mouthpiecesteps m and says, " no, you will not pay ; if you are able to pay now, and will not, you will go to prison ; but tne Court will be no party to your paying the debt at a future time." That is really m effect the substance of the judgment, which is nothing more nor less than holding out a premium for dishonesty. But even suppose the dishonest Jones does not plead poverty, but while having plenty of money treats the whole legal proceedings with contempt, let us see what will be his punishment. The judgment summons is heard and an order for his committal is made out. Jones is arrested by the Bailiff m Foxton aud m his charge is taken to Wanganui. Upon arrival at his destination he hands the bailiff the amount for -which judgment has has been given and he immediately claims his liberty, and the officer returns m triumph to the jubilant creditor with the amount. But and here the real rub comes in^— the expenses of not only the bailiff but his prisoner have to be borne by the unfortunate creditor, and he finds to his dismay that, although he has scored a victory he is double the amount, out of pocket which he had been before. It will be seen that the price of the summons and cost of hetring is tacked on to the original debt, but why the warrant of committal and the expenses attendant thereon, are not likewise added is a mystery to us. There are certainly many inconsistencies and absurdities m connection with the administration of the law, but we imagine the foregoing will take the palm.