IMPORTANT LEGAL POINT

Gisborne Times, Volume XXI, Issue 1708, 26 March 1906, Page 2

IMPORTANT LEGAL POINT

A HAMILTON CASE

An important point arose at the Hamilton Court in tbe case of the'Hamilton Terminating Building Society v. I Bettley, claim i 11.83, arrears of subscriptions due to the society. Defendant said he had been unable to obtaiu counsel from Auck' land, owing to short Dotiop, and asked for an adjournment till next Court day, The society had brought a similar claim some mootos ago, and were nonsuited on the point that the Act provided that tbo mattor j must fleet be submitted to arbitrators, and the Coutt had no jurisdiction in the ma'ter. Since then arbitrators had been appointed in compliance with toe Act. The eooiety | now eought to recover. The magistrate I said he questioned whether the society could recover the amount. Certainly it had not power to do so when the debt wa-t contraoted. He did not see how it could bring in the machinery later, Mr MacDiarmid, for the society, submitted tba|6 the liability always existed, and the society only required maohinery to enforce pay* ment. The case was adjourned to enable defendant to engage oounsel, ia order tbs| legal argument oould be heard on the point.