RESIDENT MAGISTRATE’S COURT

Poverty Bay Standard, Volume III, Issue 219, 4 November 1874, Page 2

RESIDENT MAGISTRATE’S COURT

Gisborne, Friday, October 31, 1874. [Before W. K. Nesbitt, Esq., R.M., and G. R. Johnson, Esq., J.P.] RE BAILIFF R.M. COURT, GISBORNE, V. R. WHITSON & SONS. (INTERPLEADER SUMMONS.) This case arose through claim being made by Messrs. Graham and Co of the goods which were seized under a warrant of distress, granted in the Resident Magistrate’s Court. Gisborne, against Robeif Magill, for the sum of £39 8s 6d, diu* by Magill to the firm of Messrs. Whitson and Sons, Brewers. Mr. Wilson for Messrs. Graham and Co.; Mr. Cuff for Messrs. Whitson and Co. Bill of sale tendered to the Court. Mr. Cuff objected to the document produced as not bi ing stamped, and being also a power of a! torney. The Court ruled that the document was a bill of sale only. A Graham, sworn, claimed the goods seized under the bill of sale produced. Mr. Cuff objected : That the bill of sale was not evidence j that it was .not. P rQl^f c occupation were not ... JxL- document was fraudulent, as at the time of its execution Magill was not solvent; that notice had not been given to the debtor of possession having been taken of the goods enumerated on the bill of sale ; that the goods also have itot been identified as those enumerated in the bill of sale.

After hearing Counsel on both sides, the Court decided that the goods seized were the property of Messrs Graham and Co., and ordered return of the deposit of £5O left with the Clerk of the Court.