Magistrate's Court Foxton.

Manawatu Herald, 17 November 1894, Page 2

Magistrate's Court Foxton.

• — ■ — ~+. — — — . . . •■. > (Before H. W. Brabant, S«q., S.'M^ Thvrsday, , November ISxu, SHORTT V. I^BODKB & Co. -Claim, „£&).. (Continued from our lait iewte.) ' Mr Ray said the qawtioa ww' whether these goods were the property of Mrs tihortt and J dfd* tbUff pass under : the assisgnaent'; Sfrbrtt was indebted to defendant, a letter ' was written on Bth June last asking for a settlement, lie Aid hbff reply bat his wife callei and said Tier husband was pushed for money, and asked foi' time ; 1 shall show that on the Jflrd August another letter was vtiikbA'fy Shortt asking for payment of rinf ' and threatening proceedings unless paid before Ist September ; we haY« it in evidence that Shortt had no , money to.pay the' rent on the. Bth June, and his circumstances did not alter up to the 23rd AitguitT; it w»« evident that on the receipt of fetter -■ of 23rd August Bbortt inugt"h|?e*^ given instructions to -Mr Innei fa prepare deed as it wan signed PQ ih« following day ; it was done to put thf furniture out of reach of * MejjiHlauY Rhodes & Co.; by tba Married. Women's Property Act, 1894, H&tiok 12 provides that a gift given to defraud will not hold good; the deed does. not give the property for her sole and separate vie ; before 'the Act of 1884 all personaT property held by the^zwfy&-jtnato for her, wsb the prdplrty'^f thi bus- ' i jurier his wiMirifH^itle ) if'

Sec. 3 of tha 1884 Act ft married woman became entitled to hold separata 'property ai a jemim* sol«\ Sec. 7 of the aame'Act makes it dear that only und.er that Act could Mfg flhbfto acquire right to the property as A/eminU iota ; I s&f this is the case here ; the defendants were ctedifcora of th«. husband and the tiroperty after tht aasignment continued at ally tit* nil til the veffistration of that deed in the reputed -ownership of the huaband ; we have it in. evidence that the deed wae not registered untiUhe 28th August bo between the 2.oth and 28th the prptietfby 'continued" to be in ownemiip of'ShorttJ the deed was made to protect the goocle against a dietrefis ; Wai this the act of an honest man 9 ; b was it Hot done to delay and defraud'? j if allowed to succeed would overthrow all jilaiii dealing between man an man ; the Act of Queen Elizabeth made in the 13th year of her reign was passed to stop auch deads and is in force in this colony, and 'declares all such documents utterly roid ; the transaction before usjs precisely similar, ft mau giving away hi» property is s.' fraudulent ftct ; the principle of the Aofe of Elizabeth is that persons must be just before generous. Mr Ray apked for a nonsuit. Mr InntV said there wera only two waya to, act aside the deed, by application to the Supreme Court or by an act of bankruptcy ; the Court had no power to set aside the deed ; the .goods were undoubtedly in the possession and control of Mrs Shortt ; I ciaim the Court hae no jnriadiction. The Magistrate notified he would take time to consider his decision. The Magistrate further remarked that by the exocution of the deed Mr Shortt had laid himself open to imprisonment. Richard Burton v. Joseph Wilson. —Claim £5 08. J. Wilson applied for an . adjournment. C ranted. Charles Wilson v. Joseph Wilson. —Claim £1$ Us 7d. Mr Innes appeared for plaintiff. Judgment for plaintiff for £12. 0 a7d ; co^b, 2os; solicitor 1 a fee, 21b.

tf. T: Sraythe v. M. Ingley.— Claim £10 18* 6d, For labour and materials on a building at Shannon. Mr* Innes . appeared for plaintiff. Mr Wallace appeared for defendant. Defendant had paid £8 8s into Court,, leaving a balance Bfcill due. There wa§ Mi worth of labour ad> mitted in . place of JB7 10s claimed. E. T. Sraythe deposed -Mrs Ingley ordered. the work to be done, by letter ; the work consisted of erecting a verandah, painting an old building' with thre* coats of paint, and soni« : work on a desk ; Louvre work done in place of lattice work ; bought the materials used at Powell Si Co. ; was engaged aix days and a man. was on for two days longer, at nine shillings a day ; ten shillinge a day ie ray pay ; Mr Richardson gave me an ord^r for .payment immediately the work was- finiahed ; had a letter dated, 2sth July from Mrs Ingley. who objected to" tho charges, saying that two experts had valued it at £5 ; the work was done in "a fairly workmanlike manner " superior to inosfc of the work in Shannon.

By Mr Wallace : Do not know the flimenHions of the building ; tha t«randah was something like 12 feet by 5£ feet ; no price waa agreed upon ; the building wai 24 feet by 12 tot.

By S.M. : Have a memo of the d&yi I worked. A. Blair deposed — I am a carpenter and worked. 8 days for Smythe ; the work waa carried out in a work manlike manner ; consider £7 10a a fair price for the labour charged. A. M. Richardson said : I am a butcher at Shannon ; am Mrs loglev'a tenant and gave plaintiff instructions on her behalf ; was satisfied with the job ; do not know what price waa charged ; do not know how long the men worked.

By Mr Wallace : Am no judge a* to value of carpenter's work ; could not say the Amount charged ig fair ; had not to pass the "work on completion but did write to aay it was done.

By S.M. : Kept no account of tbe number of days the men worked. This cloied the plaintiffs case.

William Wells deposed—Had been Mkid to do this work by Mrs Ingley, that ii to put up verandah and yen-

tilfttort ; I ordered the timber for the

work ; th»r« was enough timber on * the ground ; would hate done all the work, found iron and painting for il 10 to £8 ; oonld do it in 8 or 9 jaya single-handed ; do not think there was too much Jead ; nhould bare thought fiv* gallons of oil would hare done ; think Smyths. hae earned B powad a day. By Mr lonas : Live close by the building. By B.M.— Hate s«a& all fche work tkat was done. Painting would take

$ days, the other work five days. A. Caiiie deposed— l am a » cftrpenUr Imog at Shannon ; valued the work done at the building ; the work WM "fairly well" done; it is yot worth-^l2 10s 6d •; I should fegT* liked to. hava giveu a little Bior* work ; I could do the whole wprk ia 8 day* ; three days would ■x4«> &• painting ; Mrs Ingley aaked jgf to do. the work ; I think £8 2s a fajr prle«,, for fch« work dooe. By Me lauei-r-MAd* nluation is Attf uit ; I rnmurcd th« hguse.

Jacigrnent waß given for amounl for material claimed, bui the labour appeared tsccssiye, and &8 the claimant produced no svidenoji of time oraployed, fch« aingnnt for lfebour would be reduced. Ths ciecieiod trotild ba that the plain; itf •hould reCuiib 00s, hnjoaA atuouhr, paid in and costu, ss. Foxton Borough Council. Last nighfc tbc comraitcea appointed at cho last meeting to open tenders for road formation, &c, met at the Library building. Preßent — The Mayor, Cib McMillan and The following fetodert w«r« opened :. — For No. 1 Contract, formation and claying on the Moutoa road : J. Arideraoh, 36^ 6d per chain ; Dadaoo Bros., (accepted), 24« lOd, pfet 1 cbaia. No. 2 Contract, metalling part Moutoa road : J. Anderion, 5a Bd, per yard ; Stewart & Co., 5e Bd, per yard; H; Coloy (accepLfcd,), 4a Bd, per yard; No. 8 Contract, lowering Band cuttings on lie. 6 Line! M» BayUj £19 7b 6d ; Stswart & Co., £27 10s ; ; F. L. Martin, £16 10s ; J. Auderion, £29 178 6d ; Symnni Broi., M 2; T. Newth, £21 ; France 4 Aldridge, £26 sa ; F. WalUr, (accepted), £15.