MAGISTRATE’S COURT.

Gisborne Times, Volume VI, Issue 204, 4 September 1901, Page 2

MAGISTRATE’S COURT.

WORKMEN’S LIEN ACT. (Before Mr W. A. Barton, S.M.) At the Magistrate’s Court yesterday, Mr W. A. Barton, S.M., delivered judgment on the non-suit points raised by counsel in the case of Morrison Brothers v. Eliza Coleman and another. His Worship refused to give a non-suit on any of the three points raised by Mr UeLautour, stating on the first point that ho was of opinion that the work was not completed till the 4th July, and that it was clear it was done to complete the contract ; (2) considering the circumstances under which the promissory note was taken by the plaintiffs, the Bench did not think it had the effect of suspension of the plaintiffs' remedy; (8) that the fact of plaintiffs having proved in the bankrupt estate of W. O. Skcct does not preclude them from enforcing their claim under the Workmen’s Lien Act, 1802. The case for the defence was therefore proceeded with. Mr Nolan said that the defence was very much on the lines of the evidence in the non-suit, but it would strengthen the defendant's case on the point of completion. Mr Sheet would also tell the Bench the promissory note was not given on the conditions as set forth by the plaintiff, but was given at the urgent pressure of Morrison. The house had been turned over by the architect on the 29th, and Mr Coleman entered into possession. Evidence having been given by W. O. Skeet, contractor, and T. A. Coleman, commission agent, Mr Nolan addressed the Court. He pointed out that the evidence of the architect was decisive as to the completion of the work on the 29th, and upon his report Mr Coleman had taken' possession. His Worship reserved his decision.