RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2725, 10 November 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. 0, Strode, Esq., R.M.) Civil Cases. Culten (acting Provincial Treasurer) v. McDonald. Mr Barton for the plaintiff, Mr Stewart for the def. ndant This was a re-hcaring of|a case, the particulars of which were published some time since The defendant had given four bills for passage money for himself and family, which were held on behalf of the Provincial Govern meat by the late Mr Logie, endorsed on his behalf by his executrix, and transferred by her to the hands of the Provincial Treasurer. Ten pounds had been paid on account. Mr Stewart, for the defendant, objected that the Treasurer had no power to sue, that the Superintendent was the only person who had power to sue. Ho also pleaded the statute of limitations in regard to two bills. Mr Barton replied, and held that the payment of ten pounds on account was not specifically on account of one bill, but of the whole debt, which, fir convenience of the defendant bad been divided into four separate amounts payable at differents times. This payment of ten pounds, therefore, took the whole debt out of the statute of limitations. The rehearing was granted for the purpose of discussing the claim for interest, and the whole case should not have been opened up again. Mr Stewart was heard respecting the agency of Mr A Ulan, who applied for payment as Immigration Agent. He held that he was not agent for the Superintendent, but of Mr Logie, and that his application for payment had no effect in taking the bills in question out of the statute. His Worship said, from the evidence of Mr Allan and Mr Wood, the bills were a satisfaction of one debt, and the payment of ten pounds was not to lie appropriated to payment of one bill, but in part of the whole debt. The plaintiff would he entitled to interest only from the date of the payment of the ten pounds to the date of the issue of the summ ms, August 28, at S per cent, on five years, and 363 days. Judgment f-r the plaintiff for the amount claimed, and L 23 9d 9d interest. Total. L 72 9s 9d, and costs.