RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VII, Issue 1963, 20 August 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

This Hay. (Before A . Chetham-Strode, Esq., R.M.) DRUN^RNHEfiH, Colin M ‘Donald, for this offence, was fined L 5, or in default 14 days’ imprisonment. Civil Cases, Otago Dally Times Company v. James Russell, was a claim for L 7. Judgment by default for the amount claimed and costs. Marshall and Bussell (trustees in the estate of James Cotton) v. James Cotton, was a claim for LlO. Mr Wilson appeared for the plaintiff, and .Mr Kenyon for the defendant. Mr Kenyon raised as a preliminary objection that the defendant had executed a deed of arrangement under the Bankruptcy Act.— Mr Wilson contended that as the case had b :en calle i upon prior to the execution of the deed, and adjourned, the objection could not be sustained.—His Worship expressed the same opinion. The case was then proceeded wjth. The particulars of the case were as follows i—Afc a meeting of the creditors of Jumes Cotton, hotel keeper, the plaintiffs were appointed trustees, and it was agrerd that the defendant should make a deed of assignment to the trustees. Mr Wilson was prepared to draw up the deed. At a subsequent mooting it was arranged that the deed of arrangement should lapse, and that the defendant should make a deed of arrangement, by winch he agreed to pay so much in the pound, and kept tho estate. Tiie defendant agreed to pay certain expenses incurred by the trusties—viz., the expenses of a man in possession, of a valuator and legal expenses. It was for the legal costs that the plaintiffs how sought to recover.—Mr Kenyon submitted as a inmsuii point that it was promise by the defendant to pay the debt of another—viz., the trustees ; and therefore, under the statute of frauds, the agreement should have been made iu writing.—The Magistrate held that the contention was a good one, and nonsuited the plaintiffs. W. W. Wilson v. Janies Cotton, was a claim for LIO 5s Bd, for professional services. The plaintiff having proved his claim, Mr Kenyon submitted that tho time having arrived fop the defendant to plead, was the proper time fop putting iu the deed of composition, of which notice had been duly given.—Mr Stewart urged that iu conformity to the established procedure of the Court, the deed should have been put iu when the case was opened.—The Magistrate ruled against Mr Kenyon, He held that the deed should have been pleaded on the day of hearing mentioned in the sum mons. Mr Kenyon asked his Worship to take a note of the objection, which he agreed to do. Judgment was given for the amount claimed with costs Wilson a al Birch v. Cott on, was a claim for Ll4, for beer supplied. The defence adopted iu the previous ca-e was raised in this, the Magistrate again deciding against the contention of Mr Kenyon ■> udgment was given for the amount claimed and cost-*. Jeremiah Collins v. Ellen E'lwards was a claim for 10s for gooils supplied. Judgment for the amount claimed, together with costs. The court thou adjourned.