SECOND READING. (Hansard, 7 June 1875)

THE SOLICITOR GENERAL,
in moving that the Bill be now read the second time, said, that its main object was to extend the powers at present pos- 1516 sessed by plaintiffs in actions tried in the County Courts to obtain judgments by default in undefended actions. It was said there was a very great difference of opinion as to whether a judgment by default should be obtained in cases below £5. It was considered that this doubt should be given effect to. The principal provision of the Bill was that in all cases where the debt was above £5, where the debt was due for goods supplied in the way of trade, the plaintiff should obtain judgment by default in the same way as in an action in the Superior Courts. At the same time, every security was thrown around the defendant. It was provided that in all cases there should be personal service on the defendant, except where it was proved that a defendant purposely evaded service, and that before the summons was issued on which judgment by default should be obtained, the plaintiff should make an affidavit in proof of his debt. The provisions of the Bill were in accordance with the recommendations of the Judicature Commissioners. He hoped the Bill would be read a second time.

§ MR. CHADWICK
called attention to the necessity of a change in the law of imprisonment by the County Court Judges for contempt.

§ MR. ALFRED MARTEN
supported the Bill as a means of saving a great deal of expense.

MR. BECKETT-DENISON
said, that the measure proposed to give greater facilities to claimants to obtain judgment by default. He hoped there would be some safeguard against the danger of suitors "playing tricks" and deferring service of process until a day or so before, and then making affidavit that due service had been made.

§ MR. WHEELHOUSE
replied, that the present rules of County Courts sufficiently guarded against any such danger.