102
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0:61
Yes. But I do not think it was done with any
intention to defraud.
Where payment was made into Court before judgment
was this always paid into the Treasury?
So far as I am aware, yes.
Would there be any ledger accounts in respect of
such payments?
For Original jurisdiction actions I think so.
For Summary jurisdiction actions there are no ledger
accounts. The record is kept in the file.
Was it the practice to make payments into Court under judgments though no execution had issued?
In some case payment might be made into Court. In most cases payment would be made to the judgment creditor direct. Unless execution had been issued payment
would not be made into Court at all. If paid into Court
money would be paid to the credit of the action. It is
open to make such a payment.
such payments would be made to the shroff, no ledger account would be opened but endorsement would be made on the writ and shroff should enter in his cash book?
Yes.
If the shroff omitted to enter in his cash book
there would be no means of telling what had been paid and shroff might convert temporarily to his own use?
That is so.
The writs, with the account endorsed, would not be produced to the Auditor as a matter of course though these are the only true "ledger" accounts?
No.
(Mr. Dallin says that they are produced on request).
Short of periodically inspecting all writs to
see what has been paid in or out the Registrar could not check such receipts and payments?
10.
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