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JUDGMENT SUMMONS

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Originally appearing in Volume V15, Page 541 of the 1911 Encyclopedia Britannica.
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JUDGMENT See also:SUMMONS , in See also:English See also:law, a summons issued under the Debtors See also:Act 1869, on the application of a creditor who has obtained a judgment for the See also:payment of a sum of See also:money by instalments or otherwise, where the See also:order for payment has not been complied with. The judgment summons cites the See also:defendant to appear personally in See also:court, and be examined on See also: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 See also:prison for his See also:default. An order of See also:commitment obtained in a judgment summons remains in force for a See also:year only, and the extreme See also:term of imprisonment is six See also:weeks, dating from the See also:time of lodging in prison. When a debtor has once been imprisoned, although for a See also:period of less than six weeks, no second order of commitment can be made against him in respect of the same See also:debt. But if the judgment be for payment by instalments a See also:power of committal arises on default of payment for each See also:instalment. If an order of commitment has never been executed, or becomes inoperative through See also:lapse of time, a fresh commitment may be made. See also:Im- prisonment does not operate as a See also:satisfaction or extinguishment of a debt, or deprive a See also:person of a right of See also:execution against the See also:land or goods of the person imprisoned in the same manner as if there had been no imprisonment.

End of Article: JUDGMENT SUMMONS

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