RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3674, 24 April 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Preece, R.AI.) CIVIL CASES. The Colonial Treasurer v. T. J. Jones.— Claim 6s for sheep rates. Judgment by default for amount claimed, with costs .£1 12s. Same v. Hickey.—Claim £2 for sheep rates. Air Lascelles said that the defendant had made a complete assignment of his estate for the benefit of his creditors, and not knowing but that the sheep rates were included in his liabilities he took no notice of the demand. He would confess judgment. — The Court gave judgment accordingly, Avith costs ids. Colledge v. Benjamin.—Claim £43, dishonored P.N.— Mr Alc-Lcanfor the plaintiff, and Mr Cornford for the defendant.— The defence set up was that Alr Benjamin had filed a deed of arrangement in October, 1882, agreemg to pay his creditors lis in the £ by instalments extending over a period of fifteen months, and that deed having been declared completely executed on the 20th November, ISB2, the present action Avas barred iv terms of section 143 of the Debtors and Creditors Act. Notice of to set up this plea was served on Air Colledge in due form. The defendant was also Avilling to pay the composition instalments now due, but the plaintiff demanded his full 20s in the £. The explanation why Air Benjamin, avlio had endorsed the promissory note for his brother-in-law, Mr Henry Seng, did not include the amount in his liabilities was that he had forgotten all about the promissory note after endorsing it, and actually did not knoAV that it had been used at all. —Air McLean said it was for Air Benjamin to slioav something against the presumption that he knew about the existence of the P.N. at the time he compounded with his creditors. It was very clear that Air Colledge, not being a party to the deed, was not° bound by it, He had not acquicscd iv the provisions of the deed in any way, aud it could not he said that a deed was binding on a person avlio had had no notice served upon him, Avhose name was not entered in the list of creditors, and avlio had taken no part iv the deed Avhatsocver. Besides this the P.N. only came due after notice of complete execution of the deed had been published.—The evidence of the plaintill" and defendant having been taken, and counsel having- addressed the Court, His AVorship reserved judgment until tomorroAv. Lascelles v. Henarc Matua.—Claim £0 6s for professional services. Judgment by defaidt for amount claimed, with costs lis, aud solicitor's fee £1 Is. Air Lee for the plaintiff. Scarfe v. Peters.—Claim £4 lis 7d for goods sold and delivered. by default for amount claimed, Avith costs 17s. The Colonial Treasurer v. J. F. Crane.— Claim 2s for sheep rates. Judgment by default for amount claimed, with costs £2 7s, Several other cases Avere either settled or adjourned by consent.