Feildmg S.M. Court.

Feilding Star, Volume XVII, Issue 272, 22 May 1896, Page 2

Feildmg S.M. Court.

THIS DAY. (Before R. L. Stanford, S.M.) Alex. Williamson v. Rudolf Talke.; claim JEI7 lls 9d. Mr Sandilands for plaintiff. Judgment for amount claim ed with costs 21s, and solicitor's fee 15s 6U. 11. S. White t. Hugh Ross ; claim £4 14s 6d. Mr Cathro (for Mr Prior) for plaintiff. Judgment for amount claimed with costs 14s, and solicitor's fee. Jeffrey Mercer v. Hadfield and Co. ; claim £13 10s. Mr Cathro for plaintiff. Judgment for amount claimed, with costs 15s, and solicitor's fee 15s 6d. Jas. Freeman v. Jas Canieroa; claim £14s9d. Mr Sandilands for plaintiff. Judgment for amount claimed, with costs ss. W. A. Sandilands v. Harry Hughes ; claim £2 16s 6d. Judgment for amount, claimed, with costs 13s. Hallenstein Bros, v, Penehira, junr. ; claim £1 17s 6d. Judgment for amount claimed, with costs ss. Lowes and Jarvis v. W. Burrows ; claim jEIO 10s. Mr Sandilands for plaintiffs. Judgment for the amount claimed, with costs 15s, and solicitor's fee 15s 6d. Lowes and Jarvis v. John Geange ; claim £5 6s 4d. Mr Sandilands for plaintiffs. Judgment for amount claimed with costs Bs, and solicitor's fee 15s 6d. Mr Sandilands said he had received a crossed cheque for the amount without costs, but asked for an open judgment. Lucy Hannay v. Mrs L. L. Macarthur. Mr Richmond for plaintiff and Mr Hankins for defendant. The information was laid by F. Owen and was for the maintenance of Mrs Hannay. Mr Hankins raised the objections that the information was laid by Mr Owen, who bad no authority in writing from the person applying for maintenance; that such person was not resident in New Zealand and to be within the jurisdiction of this court both parties should reside within the colony ; that it conld not be proved that applicant, who resided in New South Wales, was a destitute person, and that she was possessed of a freehold property there ; also, that her husband was alive. He asked on these grounds that the information should be dismissed. Mr Richmond replied that there was no statement in th« Act that required the destitute person to live in New Zealand and that the onus of proof that applicant was not destitute rested with defendant ; and that the party against whom the order was asked resided in the colony. His Worship thought the objections were fatal. That the Act was intended to relieve the colony of New Zealand from providing for destitute persons and not to relieve New South Wales. He did not thiuk it possible to satisfy him that the applicant was destitute unless it could be proved she was in an institution receiving support. Also, that the applicant was not a resident within the colony and therefore beyond the jurisdiction of this court. The information was therefore dismissed. Jas. Norman v. W. Kitchen. This was an interpleader summons, a horse and dray having been seized by the bailiff at the instance of plaintiff, which were now claimed by G. Glendinning. Mr Sandilands appeared for plaintiff and Mr Reade for Mr Glendinning. W. Kitchen was examined by Mr Reade and deposed to selling the horse and dray to Glendinning, producing receipt for same ; he had retained possession of the goods, which were to be taken possession of by Glendinning at any time, and did not pay anything for their use. After hearing argument by Mr Sandilands and Mr Reade, in reply, His Worship ruled that the receipt should be registered where the person selling the goods retained possession of the same after they were supposed to be sold (as in this case), unless there was a sufficient interval in between the sale and the act of retaining possession to show that a sale had taken place. He accord-, ingly gave judgment for the execution creditor, with cost Bs, and solicitor's fee 21s. Mr Reade gave notice of his intention to appeal. Mr Cathro applied for costs in the case C. Mathews v. R. Parr, heard at last sitting of the Court. Costs Bs, and solicitor's fee 21s, were accordingly allowed. Te Aro Takana applied for a prohibition order against her husband Akapita Tapitangata. Mr Sandilands appeared in (support of the application. Mr R. Drury acted as interpreter. Order granted, to all licensed houses between the Rangitikei and Otaki rivers. H. S. White v. G. Krngher ; claim £2 0s Bd. Mr Cathro for plaintiff, and Mr Reade for defendant. A contra claim of 15s was put in. Judgment was given for £1 5s Sd, with costs 13s, and solicitor's fee ss. / J. S. Abraham was charged, on the information of the. police, with having hawked goods for sale within the Kiwitea <3ounty 'without a hawker's license. Constable Hcaley, W. Evenseh, and E. Goodbehere (clerk to Kiwitea County Council) gave evidence in support of the information. . ' : . Convicted and fined 20s, and costs 7s. (Left Sitting.)