JUDGMENT SUMMONS, in English law, a summons issued under the Debtors Act
1869, on the application of a creditor who has obtained a judgment for
the payment of a sum of money by instalments or otherwise, where the
order for payment has not been complied with. The judgment summons cites
the defendant to appear personally in court, and be examined on oath as
to the means he has, or has had, since the date of the order or judgment
made against him, to pay the same, and to show cause why he should not
be committed to prison for his default. An order of commitment obtained
in a judgment summons remains in force for a year only, and the extreme
term of imprisonment is six weeks, dating from the time of lodging in
prison. When a debtor has once been imprisoned, although for a period of
less than six weeks, no second order of commitment can be made against
him in respect of the same debt. But if the judgment be for payment by
instalments a power of committal arises on default of payment for each
instalment. If an order of commitment has never been executed, or
becomes inoperative through lapse of time, a fresh commitment may be
made. Imprisonment does not operate as a satisfaction or extinguishment
of a debt, or deprive a person of a right of execution against the land
or goods of the person imprisoned in the same manner as if there had
been no imprisonment.
JUDICATURE ACTS, an important series of English statutes having for
their object the simplification of the system of judicature in its
higher branches. They are the Supreme Court of Judicature Act 1873 (36 &
37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39
Vict. c. 77), with various amending acts, the twelfth of these being in
1899. By the act of 1873 the court of chancery, the court of queen's
(king's) bench, the court of common pleas, the court of exchequer, the
high court of admiralty, the court of probate and the court of divorce
and matrimonial causes were consolidated into one Supreme[1] Court of
Judicature (sec. 3), divided into two permanent divisions, called "the
high court," with (speaking broadly) original jurisdiction, and "the
court of appeal" (sec. 4). The objects of the act were threefold--first,
to reduce the historically independent courts of common law and equity
into one supreme court; secondly, to establish for all divisions of the
court a uniform system of pleading and procedure; and thirdly, to
provide for the enforcement of the same rule of law in those cases where
chancery and common law recognized different rules. It can be seen at
once how bold and revolutionary was this new enactment. By one section
the august king's bench, the common pleas, in which serjeants only had
formerly the right of audience, and the exchequer, which had its origin
in the reign of Henry I., and all their jurisdiction, criminal, legal
and equitable, were vested in the new court. It must be understood,
however, that law and equity were not fused in the sense in which that
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account