DISTRICT COURT.

South Canterbury Times, Issue 2337, 13 September 1880, Page 2

DISTRICT COURT.

TBIArOJ-THTS DAY. [Before His Honor Judge Ward.] CIVIL CASES. Lindsay v. Baird—Claim £IOO for monies paid on deposit for sale of lease. Mr Reid for plaintiff; Mr Joyce (of Christchurch) for defendant. This case was partly heard at the last sitting of the Comt. It was subsequently understood that the case would be amicably settled by arbitration, and it was accordingly withdrawn. It now transpired that the parties had been unable to arrive at a satisfactory issue and it had been resolved to bring the case into Court again. Air Joyce stated that everything had been done by his client to get the case amicably settled and certain technical objections had even been waived with this object. Air lleid remarked that he too had endeavoured to get his client to settle the matter out of court, and he would even now advise him to adopt this course. Otherwise he (AlrEoid) would withdraw from the case. The ease was then withdrawn and is again to be submitted to arbitration. IN BANKRUPTCY. Bo John Bassett a debtor. Application of Mr Tosswill for an order of discharge. Mr Hamersley appeared to oppose the application on behalf of one Jackson a creditor in the estate. John Bassett, the applicant was then examined by Mr Hamersley and his evidence disclosed a sad stor3 r of domestic trouble. Ho had been, he said, a boarding-house proprietor, but as he was at work all day himself he left the raanagraont of everything to his wife. His wife left the house about a fortnight before he filed. He left the house himself before his wife went away, because they could not agree. He went away one morning to work, but returned to the house shortly afterwards to get his teapot or tin. lie heard somebody in his wife’s room when he knocked at the door, and his wife called out in reply to him that she would get

iis teapot. He said, “ Who have you got in here?” and his wife said '‘No me.” He replied, “ Don’t tell any lies,” ind pulling up the valhinca of the bed ie found a man underneath it. whom he pulled out by the leg. The man was living in Timaru, and he had jromised his wife when she asked him to forgive her that lie would say nothing about what had occurred for her sake uid that of his child. He sold the furniture the day after his wife left him, uid hoped to be able to pay all liabilities with the money so realised. After he thought all the debts were paid, it hors came in, debts contracted by his wife for necessaries for the boardinghouse, &c., which he thought had been settled. It was these debts that caused ium to file. Had not been paid a penny by anyone since filing with the exception of 9s a day wages, out of which he iiad to maintain himself and child, [’here was a claim of Jackson’s against him for £2O, but he did not recognise. that as he bad not bcucilttcd by the money which had been paid to his wife. Jackson bad on another occasion lent his wife £3 to buy i carpet will), but he had found this out and had insisted on the money being returned. The creditor Jackson was then called, and in effect stated that the £2O had been lent not to the wife only but to both of them. He had known them for a considerable time, and was a friend of tneirs. Mr Hamorslcy contended that the debtor had not used his best endeavors to satisfy his creditors and dwelt upon the fact of his receiving 9s a day as ■rages out ot which lie was only paying a sum of 30s a week for the support of bis cliil 1 and himself. Under all the eircum dances ho would ask that the debtor’s certificate should be suspended for some time. Mr Tosswill having briefly addressed the court on behalf of his client, His Honor said that while sympathising with the debtor in his domestic trouble, he must suspend his certificate for one month. Several other cases on the list were postponed in consequence of the parties interested failing to put in an appear anoe. The Court then adjourned.