RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume XI, Issue 1728, 9 July 1886, Page 2

RESIDENT MAGISTRATE'S COURT

(Before F. Bikd, Efq,. R.M.)

Thursday, Jaly Bth, 1886.

Hers v. Rbbs.

Thii case was heard at the last sitting of the Court and was reserved for judgement

His Worship decided that Mrs Reese, being the holder of property, was not a person to claim relief within the meaning of the Destitute Prisons Rflii f Act. He, therefore dismissed the case.

Mi* North for defendant, applied for costs.

His Worship refused to grant costs. Mr Moymlmn asked the Court under these circumstances that the order for the payment of 7/6 per week for one child take effect from last Opart day. This course wm agreed to. Pomcb v. Abnold.

Defendant was charged with allowing

I a horse to wander at large at Beefton oa the Ist instant. Constable Bamford proved the of fence, and laid he had warned defendant . The defendant said that his well had run out and he let his horses out of a morning to go to the trough fora drink, and the police seeing the horses laid the information. It was very hard for him to be fined for merely taking his horses to water. Hi* Worship said the law was very stringent, but a fine of 5/- only would be inflicted, but it would be doubled for a similar offence. Same v. Davis. This was a charge of obstructing the police in the execution of their duty at Boatman's. Constable Haldane proved that defendant so resisted that he could not be taken to custody without assistance. Ho warned defendant repeatedly. Defendant who did not appear was , convicted and fined J62 and costs 14/-, ; or in default seven days imprisonment Same v. Chikan. This was a first offence for drunken ness at Boatman's. F,ined 5/- and. costs. 1 Mr North applied under section 87 , of the Destitute Persons Belief Act for , an order against one Charles M'Quillan requiring him jp find sureties for the payment of £10 15s for the maintenance of his illegitimate child. He said it was currently reported that defendant intended to leave for Kimher ley. He was now at Westport, and having no settled occupation there wis no certainty of his complying with the order. Defendant had never been seen since the order was obtained. Mr Moynihan as amiciu curia* ' pointed out that the order was being asked for behind the defendant's hack. His Worship said he felt inclined to [ grant the order. An order wonld be , made calling upon defendant to provide i sureties before next Court day for the > payment of the £10 15s and also for > the payment of the weekly maintenance 1 of 10/- and in default of payment de--1 fendant to be imprisoned for six calendar months. i Moor v. Habfobd.' r Adjourned with consent of plaintiff ' for two months. Inkerman Co. v. M.Walk:-b. Claim for £6 17s 6d for calls dne. • No appearance of defendant. Judg- ' ment for the amount with costs. ' Same v. T. £. MatcoX. k Claim for £6 4s 6d, for 62nd call of 6d per share on 249 shares. Judg--1 ment by default with 11/- costs. \ Same v. Tattrat. Similar claim for £6 ss. Judgment by default, with 1 1/- costs. j \ Same v. Firousson. . l Similar claim for£l ss. Judgment ; - by default, with 7/- costs. I '. Couvnr Council v. Ovrbbmd. Claim for £8 5s for rates. ; Mr Moynihan appeared for the plaintiff. : J. G. Heslop, Bate collector, proved the making of the rate. Defendant said his property had been seriously damaged by theaotion of the Council in erecting a dam and flooding his land. ; His Worship said that was no de* fence to the action. Judgment for the . amount and costs. j Pattemox v. Campbkll. This was an action to recover the sum of £100, for the alleged wrongful detention of a horse and dray. \ Mr Moynihan appeared tor plaintiff and Mr North for defendant. Robert Patterson : I aiu a storekeeper at Berfton ; up to 19th June 1883, King owed me £81 4s 8d ; he came to me with his horse and dray ; before the door and said he wonld like . to have some more goods ; previous to j this I asked him for a settlement ; he said he had a contract and wanted further goods ; I agreed to this, if he made over the horse and dray ; this he agreed to and wrote out the salenote producej ; 1 then gave him 10/ cash, and took deli* p\j of the team ; ho agreed to pay me iO/- per week for the team ; he then took the team away and I continued to furnish his family with supplies up to £50 ; subsequently ] defendaut quarrelled with his partner i and a sale was advertised ; previous to < this King came to me and said if the < horse was sold I should get the money; < I did not object to the sale ; after the < salt Campbell and King came to me < for money to buy out Moor, but I re I fusejd ; before King became bankrupt I handed the sale note to my solicitor, ' and; when King became bankrupt I < attended the meeting oCoreditors and < fonttd that Campbell held a receipt for < the team ; . I had not proved in the , ' estate, but objected to Campbell's re- 1 efipt; when King filed be owed me j £65 18s ; I did not prove in the i estajbe as I understood that Mr Lynch j would bring the .matter .before the *< .Court ; Campbell said the team was i his $nd he would not give it up ; had ' seen} King working with the team since, < his bankruptcy. ' • '• "■ i ( By Mr North : on or ahont the 91st I June I discounted a bill for King ; the t bill was £50, and I gave him a cheque t for £48 ;' he gave me an endorsed: bill ' ( for £50; the bill, was onaVsed by • Messrs Thorbnro *nd, Dykes ; ; the ,bt!l i was paid on OctoKe'r*3rd ; it 'Was' not 1 to secure the paym^rit oi the hill that k he gave me the security ; he offered to i' make over his house and section to me ; i swear he did not give me the team as I security for the bill ; heard that King I" and Moor were in partnership ; believe p Moor had a horse ; King agreed to pay h me 10/ per week rent, but he never * paid me any rent ; I took it off the o account; on September 20th I re- n ceived £4, and credited it to the store o account ; on that date King owed roe P a>4s ss ; King had the hone and dray o

in front of my door, and I stood in front of the team and said " this is my horse," and he said "it is," ; this as how I took possession ; sentOilmer to King before the bankruptcy for th> horse; when I asked King for the horse he refused to give him to me ; this was before the meeting of creditors ; I knew abont the sale by auction; King told me that he had die solved with Moor, and the whole of the partnership goods was to be put op for sale ; Hid not object to the sale ; King told me after that he had bonght in the whole lot ; both Campbell and King came to me after the sale ; Campbell was with him, but did not speak to me ; did not then claim the horse; believe that King wanted money from me to pay the auctioneer ; the sale was long before the bankruptcy ; gave King a bill once for the rent of the horse and dray ; remember Campbell producing a receipt for the team at the meeting of creditors; did not agree at thelneeting of creditors to bring an actian against Campbell to test the ownership of the team ; did not take, the action till now ; it is now fifteen months ago ; cannot state the reason why the action was not sooner bronght ; never asked to pat in a proof the assignee did not proceed against Campbell; Campbell claimed the team. By Mr Moynihan : the discounting of the hill was a separate transaction, and had nothing to do with the team ; Campbell came to me with King, and the latter asked me for money to bay

Moor oat ; in the. bill I rendered King for the rent of the team I charged him for sixty six weeks at 20/- per week ; cannot say why I charged the rent *t 20/- per week instead of 10/-. By the Bench : King refused to pay the £66 ; don't recollect Lib wonder* ins why I doubled the rent

This dosed the case for the plaintiff, and Mr North having opened the case for the defendant, called the following evidence : — Alexander King : lam a contractor, and in June 1882 was in partnership with Moor in a timber contract ; we bad a horse dray and harness ; it belonged to the partnership ; we pur-

chased it from Joice ; it was bought by King and Mobr and was paid for out of the partnership money ; Patterson discounted an accommodation bill for which be was to receive the horse and dray as security ; I paid the bill ; he told me at first that he conld not get the bill discounted unless I got it endorsed ; I did get it endorsed and he got it discounted, charging me £2 ; the sale note, produced was given to Patterson as security for the due. payment of the promissory note, and had nothing % do with my private debt ; Moor suggested that we should ! borrow the £50, and consented in the money being borrowed on the security of the horse and dray ; the money borrowed from Patterson was eapended in, the partnership business j there is a pencil mark in the book stating that the lieq^ ttfjW th* horse awl rfray was to last until the bill was met ; that entry was wade on the name day that the nvHta? wst paid ; the bill was paid by a chest* of tb« Ksep-il-Dark Company belonging to Ring anil Mrmr ; Patterson had no claim on the horse and dray after the bill ras paid ; Patterson never made any claim on me for rent for the team, and I never paid him any ; I went to the sale as Camp- ! bell's agent, and the team was knocked down to me at £27 ; Campbell paid the , money to the auctioneer ; it was not my j money ; after the sale Campbell came to { me and said that as I was the purchaser j I had better give him a receipt for them ; ■ 1 took over the debts of King and Moor j and had to pay them ; the proceeds of the j sale was applied in the payment of the partnership debts ; Patterson did not ! chim the team before the sals ; wet* to | Patterson before the sale and wanted him ; to lond me the money to boy the teas* aad i he refused ; Campbell was not with mt : when I went to Patterson ; from the time j of the sale up to my bankruptcy rVftefson '

By Mr Moynihan : my wife did purchase a property from Mis Lowe ; never [Left sitting.]