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Encyclopedia Britannica



JUDGMENT SUMMONS

This article appears in Volume V15, Page 541 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: JEE-JUN
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. Im-
prisonment 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.


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