RESIDENT MAGISTRATE’S COURT.

Poverty Bay Standard, Volume III, Issue 401, 20 September 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Gisborne, Tuesday, September 19, 1876 (Before W. K. Nesbitt, Esq., R.M.) Geo. Burnand was fined 5s for allowing a goat to stray on the public street. Mr Assessor Mahuika here took his seat on the Bench. Rutbne Kiwa v. Pita Hunu.—Complainant applied that defendant should be bound over to keep the peace for having threatened to burn complainant's house. Several witnesses were examined in support of defendant’s statement that he had used the words in argument before the runanga, but which were not intended as a personal threat against the complainant. The Court retired for a few moments, when his worship said he hardly knew what judgment to give ; his opinion differed from the Assessor’s, but he thought he had power to give an independent judgment, and ordered defendant to find surety in £25 to keep the peace for 6 months.

Martin v. Webb.—This was a claim for £3O damages alleged to have been sustained by plaintiff by reason of the defendant's action in issuing a distress warrant, in pursuance of a judgment of the Court, after the receipt of an order given for the amount of such judgment, but which order was not accepted by the defendant. The case has already been before the Court, at a previous sitting, but. was withdrawn by the plaintiff. Mr Wil<on appeared for the plaintiff, and Mr Rogan for the defendant. A. Martin, sworn, deposed : I owed defendant an amount for which he sued me. I nave him an order on aMr Fraser in consequence of the judgment, (order produced). Defendant gave me a receipt for it. Execution was put into my house afterwards ; but was withdrawn next day. Cross-examined by Mr Rogan: The account for which defendant sued me wits up to the end of March quarter. I confessed judgment. I did not pay the judgment. Mr Reid applied to me for the money, and said he was authorised to issue an execution, this was on the 17th July. I told him I would pay him in 3 weeks, and subsequently gave him an order for the amount. Mr Fraser on whom the order was drawn, would not be really indebted to me until about three weeks afterwards. Toe order was paid in three weeks from its date. The bailiff came into my bouse about 4 o’clock in the afternoon, he remained there until nerft evening. I paid no expenses for the withdrawal of the bailiff. By Mr Wilson: I paid nothing to the bailiff I mean. I was working at Matawhero at the time, and it took three days to settle the matter with my solicitor. Henry Evans, sworn: 1 am bailiff to the R.M’s Court. I put an execution into plaintiff's house, but withdrew it next day in pursuance of instructions from defendant. For the defence Mr Rogan quoted from several authorities to prove that the order given being dishonored, remitted the defendant to his original remedy, and called J. C. Reid, who deposed—l am employed by defendant to collect accounts. Mr Webb left for Napier on the 25th June. He gave me instructions to issue a distress warrant before he left. I told Martin this, and he said he had sold his house, and would pay the money in five weeks. He gave me the order produced. I presented it twice to Mr Fraser, and he wrote the following words, on the first occasion “Acceptel till I settle with Martin.”

I brought the order back. Mr Webb was not in Gisborne at the time. When Mr Webb returned, he sent me again to Mr Fraser with the order, when he altered the acceptance to "I do not accept.” I asked him to say when he would pay it ; he said he eould not say. I asked him to give a promissory note for the amount, and he refused. Fraser said Martin did wrong in giving the order, as there was a mortgage to satisfy, and the money might not be paid at all. I did not like the look of the order, and I sent it to Mr Webb’s house. I don’t remember whether I told defendant I had given a receipt for the order. Defendant never gave me any authority to take anything but money. Cross-examined by Mr Wilson : I swear that Mr Webb was not in Gisborne, to my knowledge, when I took the order first. I made an entry of -the order in the books when I sent the order to defen dant’s hous he said he was not satisfied with it, and told me to obiain a more definite promise to pay. This Fraser declined to do. H. E. Webb, swum, deposed to the general facts of the case leading to the issue of the distress warrant. He said witness (Reid) took the order in excess of his instructions and gave a receipt for it without telling him, (defendant) that he had done so. That ho (defendant) had shown no vindictiveness in the matter, but quite the reverse ; the account had been owing for some time ; and, although he obtained judgment on the 20th of June he did not. issue the execution until five weeks after—on the 261 h July, even then it was not put in force for a week. He, witness, thought it was the absence of vindictiveness on his part that had led to the present proceedings. By the Bench-: If Reid had told me that he had given a receipt for the order, I should not have issued the execution. In fact the whole affair took place in utter ignorance, by myself, as to the real facts of the case. Counsel having addressed the Court at some length, His Worship said he would reserve judgment until to-morrow, (this day.)