The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1885-09-29 00:00:00

CAPAInITT TO PAT.

Messrs. Bowden and on v. Ge....rge. Pearee.—Thm
wau a judgment summons.-11i4 Honour asked what
evidence the plaintiff had to produce that the defendant
had the power to ;ay. —The plaintiff was unable to give
any very clear account of defendant's poition, and
his Honour aS id it had recently been ruled by Mr.
Justice Way in a CUP of the kind unless the plaintiff
could produce prieta faele evidence the defendant Was
ins position to pay he would have to tender the ex-
penses .4 the defendant to him in order that he might
come and answer interrogatories as to his position.
In ths prosent case it appeared that defendant was in
a seaman's sick ward; that Was prima fettle evidence
that he was unable to pay, and really when they Caine
to look at the matter he thought Mr. Justice Kay's
view of it was a religious one. They could hardly
expect a man to come there and prove what means
he had when he had not the means of doing
The Registrar: It seems to me • very hard thing
upon a plaintiff.
His Honour: Just so.

. .
The Registrar : it seems to me a very intisortant
slecioion. Can pm give me the date of it. 1 should
think it sea.. a decision we most act upon wit': very
great care and prudence. It eeems to me. pin decide
that 11111...11 a man'n expenses are tender..] I • , if he
lives in an outlying district, we cannot act upon the
judirment summons.
In the course •4 omversation his Honour mid the
report boon which he quoted appeared not in the Low
7IPVI. lint the 1 oyes. lie W.llllll, liliWeVer, leave the
case to the Iteiriotrar.
The name plaintiffs al., had a judgment common,'
against William Lane, the well•known newoman.—
Th.• original ausoint wa. lOs. fib—Lane did not
lionour asksd Mr. Burden what post
he had of the ability t•' pay. A plaintiff in canes like
that ought to be thoroughly convenymt with the means
and condition of the defendant. lie could not send a
man to gaol liecnior it was impossible for him to pay.
expensay moot be tendered him to come and show
that he had not the means of isiving, and then if that
were nit done strict prof would have ti given that
defendants were in a position to do so. What means
bad the defendant "—Mr. Burden : Very good means,
sir : he sells all kinds of popers.—His Honour : Just
so : lint there is hut a small profit on selling news-
papers, and perhaps. in these days it makes a difference
whethor or not he sells Csinservative newspapers.
flAughter.l--Mr. Burden : Well, he soils an immense
bit, your Honour ;hi sells the Triegmhi.—The sub-
bailiff (Mn. Pa•lley) said the defendant foul lately .4d
his horse and trap: he hail no wife sir children, but he
hail nothing. he believed, to live on. except what he
got from his papers.—lfie Honour : N.. oiler !
Job Loader v. T. B. Styles, Teijrnmouth, brewer.—
in this case a judgment order for payment within 14
days was made.
Poole Italtic Timber Company v. Mintey.--Juttig.
mint summons for ClR.—Plaintiffs' repreesottative
said the defendant had the wood of them to make
furniture for Bournemouth tradesmen, and in most
cases had receives' the money.— His Honour said the
only question was the ability of the debtor to pay.—
To the debtor : What Ms' your debts ! 8.. you think
they are under Viik —Defendant : Yel4. sir ; should
think they werv.--His honor : Well, you can, if you
like, take advantage of the Bankruptcy Act, and
apply for an Administration Order. But you will
destroy your credit, and that is capital.—Order finally
reduced to El a month.