A LEGAL FARCE.

Manawatu Times, Volume IV, Issue 102, 25 December 1880, Page 3

A LEGAL FARCE.

TO TH« IDITOB. SlK.— I write these communication to you, as one of the publio who haying had a case m the Resident Magistrate's Court, and feeling that Itiave been unfairly dealt with, wish lo publish the facts as they occurred leaving your readers to draw their own conclusions. -In August last I aued MrStaite, *olicitor, forj233, «monnt doe upon a dishonored bill, that being only a portion what: he now owes me. Mr. Staite confessed judgment,, and promised to m a few days. I might, howerer, state that •very fraction was for advertising on behalf of his clients/ .and extended over! two years, during which time I new reeeiredone solitary penny piece from him — nor m fact haTe.l sinoe the day he first came to Palmerston. Judgment was confessed m August, and|tfter waiting patiently until November I took out a judgment summons. When the case?came on for hearing, Mr Hawkins, acting as cmicut curia for Mr Btaite, took exception to the fact thatthe hear«l of "thy ; summon* was made returnable within ten days from its issue, and further Claimed that thereby plaintiff was thrown out of Court, as the summons should be dismissed, and could not be brought on again.' Mr Ward overruled the last portion, holding |hs,t the aummqns had not.beea terrecl. and the case Stood over until the next Court day to allow of proper service. On Thursday fortnight the Court sat again, and; Mr. Hawkins again appeared, went over the same ground, and raised the same^technical objections. The Magistrate orerrulea both objections, and asked me what I proposed to do. I replied that I called upon him to *ct, m judgment had been confessed. I wm then told I would have to wore defeadant m ,%, position , to p*y. My reply was. # that seeing that >difendant was tv solicitor m good practice, and four months had elapsed from the confession of judgment, it was simply absurd to call upon me to do so., Mr Ward ,tm heldlhat the onut lay upon me to prove that defenv o i^ - J ol^ "f 4 P»J- I then put jj*ss? 1Q *^ *n« Allowing en^ Ifiv Steite, will>bn sweirW Defendant e^lfo indeed t I will do times that amount. : .^l Th «™ ? Jour Worship J should think that is quite sufficient, m defendant acknowledges rece^mg ;tw«lT« time> the •mount. — - ■ -■--■-.. -.• .. . His Worship :. Oh, but he may have paid them »way for his just debts. -'T ." Plaintiff: But, your. Worshm. t «*• sought the protection, of the law m order lo obtain priority of claim. According to should bejvptected by the. OtmtVfe p*y pthers which were not ™ His Wbrsbip. Well, I would. like you %o give me more proof of his ability to pay. you miionrm th« case I will subpoena his clerk to produce^his books, :^^ The^adjoflrnnient was granted. I subposnaed she clerk to produce att books and *ocumentsrefe^n f to theqise, notwithstandmg which the i Clerk tr**t. the eubpotn. with contempt «a.d. .ppean i« Court without S * feM Wt to the Bench the conSSEL-? rVI m •w«nin*tion qf the 2SS-1 * Cl *S? that although it was th. general praeiie. of b» Kfe* £*£*• t >««W 1 » *»» »»oks moneys whfoh he bad reoeired, still there were oc4 rwii'T 7^ HMnotdonet.o. thai SJS:^^-^ 'he op^essM of the aeoine4 been given over certain law books EX* 7%?%- had '!>« pro£2f-!^ v T l ? ddMkled th «* *««» was no mtention of defrauding me. out of the money -Wol M#a *? "»■ August feat, Thos*«re facts ™.&<£s? ">*¥?** h * •*» one. who Win Ooqrt, J hatu nutoVihem pablio •Japee there » fo» thew p.bWiuf sgj««tice.5 gj««tice.

money he received to pay to me ; a solicitor of the Supreme Court m good praotice, and Jie swears that m four months he has not received seven shillings a day— not as much as a laborer on the roads. I waited nearly two years without asking for payment, at the suggestion of the Magistrate I have taken adjournment after adjournment, thinking the defendant would be shamed into meeting his just debt, and now I am informed by the dispenser of .Justice after I have spent pounds of my own money that 1 am as far off recovery as ever. Well, Mr. Ward may have acted quite fairly and justly, and! leave the publio to form their own judgment ; but as I intend te lay the matter before the Minister of Justice, I will be certain on that point; while I will take care that the Law Society shall know something of one of the members of the profession m Palmerston.— Tours, &0., John B. Dtooix.