To the Editor of the "NontH-Ciiwa DaiLy News."
Str,—How and why the Judge in the eae of Auslander v. Kachunovsky decided to cause a warrant to be issued was left untouched last letter, which you kindly published in your yesterday's paper, for the mere reason that I considered it unnecessary since 1 had pointed out that the case was simply one before the Court of Execution and not one for argument of its issues, 'A. civil judgment, according to Article 4 of the Regulations gov ing the Execution of Civil' Cas either be executed mote proprie or at the instance of the judgment editor. In other words, the Court Imay exercise its power to execute 2 final judgment with a view to Enforcing the debtor's obligations ax Wwell 28 the creditor's rights affirmed thereby in any. anner it may deem appropriate Thin in the procedure hich has been accepted and followced by all Chinese Courts which ex-raise their discretion in the matters At issue. The Court of Execution may; therefore, proceed to enforce Judgment even Without summoning: he judgment eveditor at all," Thi the writer presumes, is a ood rule, im view of the eagerness of all nationals to see their eases conclud-be a Court of Execution. In pi tive, a judgment debtor, when first summoned to answer why he has nob satisfied the Judgment, is usual ly given a certain th to full! his obligations. But this ig by_no means the general The Court may. if it sees it, immediately order him detained pending the putting up of a Sudgment security, irrespective of whether the plaintiff' in the case unbears or not \(xave, of course, in enses where the Jatter' expresses his intention avop the matter):
Ju, the present ease, Mr, Kachanovaky, the judgment debtor, was woned to appear on the Ard by the Court of Execution after he had failed to carry out his repeated promises since the matter first came before it in Novem-ler Inet. "Te would appear that the Court was hoodwinked in tome mane hers Mee "Kachanovsky "informed the court, when the case was called, that a settlement had been reached and. that further hearings in the matter were unnecessary, The case was then adjourned pending a, confirmation to be made by the judgment creditor of the alleged scttlement. This, however, proved to be incorrect, when Mr. Auslander, the judgment creditor, putin an. appearance and informed the Court that there no truth to the alleged settlement. Ax no settle ment could, be reached without agreement of both parties and as the Court, under such circumstances, should still exercise its power execute the judgment, the Judge ised & warrant to' be issued against Mr. Kachanovsky.
Should the foregame explanation be considered as befnue still incom= plete, the writer will be pleased to xive any further explanations he may be called upon for until all those who are interested in the ease under discussion are fully convinced that there has been no irregularity. in. the procedure, his sole purpose Veing to enlighten you on the real Facts of the case.
Wittian S. 1, Huxc. Shanghai,' Mar: 14, 1938.
Text read from the printed page and cleaned; old type leaves the occasional error.