RESIDENT MAGISTRATE’S COURT

Poverty Bay Standard, Volume III, Issue 225, 25 November 1874, Page 2

RESIDENT MAGISTRATE’S COURT

Gisbobne, Saturday, November 21, 1874. [Before W. K. Nesbitt, Esq., R.M.,] WEBB V. MAGILL. On Saturday last an application was made to the Resident Magistrate for a forthwith summons, against the defendant, who was proceeding to Napier by the Pretty Jane to recover the sum of £8 19s for goods supplied. Judgment was confessed, but defendant pleaded inability to pay, whereupon a summons was issued without defendant leaving the Court, under the 16th and 17ih sections of the “ Imprisonment for Debt Abolition Act, 1874,” for the purpose of examining him as to his means. Mr. Cuff conducted the ease for the plaintiff. The defendant made a rambling statement, first of all to the effect that the had no money ; second, that he did not know how much money he really had ; third, that he had left plenty of money on his books with Mr. Maynard to pay his creditors: fourth, that he could not say how much money his wife had. Defendant was then examined relative to the sale of his interest in two sections at Ormond. Magill swore that he owed Bidgood £36 for cartage &c., and that he sold the sections to him for £2O the balance of which—£l6—he still owed to Bidgood. The Court adjourned for a short time, for the production of Bidgood’s evidence, when it transpired that instead of defendant owing Bidgood £l6. Bidgood owed defendant £5. The Bench expressed an opinion that a deal of prevarication had been shown both by the defendant and the witness Bidgood, and ordered that the sum claimed, with costs be paid forthwith, or, in default, one month’s imprisonment. The money was subsequently paid, and defendant released from custody.