Resident Magistrates Court, TE AROHA. TUESDAY, APRIL 2nd, 1889.

Te Aroha News, Volume VI, Issue 357, 6 April 1889, Page 7

Resident Magistrates Court, TE AROHA. TUESDAY, APRIL 2nd, 1889.

(Before IT. W. Northcroft, Esq., R.M). After the adjournment for luncheon on last Court day, the following case was heard :—: — Juliua O'Donoghue v. Adam Menzie, Bailiff, and the District of Waikato Hospital and Charitable Aid Board. This was an interpleader summons to determine the ownership of certain goods seized by the Bailiff on a judgment on the suit of the Waikato Hospital and Charitable Aid Boord v. Michael O'Donoghue (husband of plaintiff), for£4o odd, for the maintenanceof hi-* sister (who is paralysed), in the Waikato Hospital. Mr McGregor Hay appeared as solicitor for defendants. Julia O'Bonoghue, Michael O'Donoghue, and N. A. Larney, weie examined as witnesses, The evidence was to the effect that Julia O'Donoghue lent her husband, Michael O'Donoghue, shortly after her marriage in 1887, £150, receiving as security an assignment, and subsequently also a Bill of Bale over the stock, furniture, and effects the property of her husband ; neither of which, however, had been legistered as was necessary in order to comply with the Chattels Securities Act. In the course of examination it transpired part of the property was disposed of subsequently to the judgment being obtained ; against M. O'Donoghue. Also that . the Bill of Sale was drawn up subse- j •quent to the judgment being obtained, j The proceeds of the goods sold O'Donoghue stated he gave to his wife. Mrs O'Donoghue admitted having some £40 to £50 in the bank, which was all the return she had got for the £150 she lent her husband, and which money fhe bi ought out from home with her, Both Mrs O'Donoghue and her husband were examined by Mr Hay ateonsiderable length with respect to how certain cattle and horses, etc., were disposed of, when, to whom, price realised, etc. Mr Hay contended the assignment was not property stamped, and neither it nor the Bill of Sale had been filed - and both were therefore null and void. Miss O'Donoghue was taken into the Hospital at Mr O'Donnghue's request, and treated there for a very long time. Had the document 1 ? been filed, he (Mr Hay) said he would have been prepared to prove that at the date tlieassignments were made, Mr O'Donoghue was in such embarrased circumstances thai lie could not legally make an assignment of his property. Mr Hay t-aid a very erroni(m= impression was abioad and enteitiined by a good many, via., that a peihon could make over their goods to another at almost nny time This was not the case ; a person could not legally a-sign their property away from ili-eir cre<litors, when in cmlmns^ed circumstances. Mr H.iy further contended j that it had been proved ihutMisO'Doiioghue had Ruffi iont money in the lunk, the proceeds of the goods sold, to satisfy the judgment. MrO'Di noghnesiddrsssed the Bench, with respect to the gro.it hardships he h id b-*en jmt to, h.ivin^ a wife find famil}' t-> support, and boin_c almost driven fiom house and home by the action ot the Ilo3pit.ll Bo.ird. lie had made yroat efforts to do all he could for his sitlei, who was paralysed, and s>he had been suppoitrfd by him for the jiast three years, but his means were veiy limited, and he could not possibly find £1 38.s per week for her ; and lift would ask His Worship to advise him what to do. His Worship said lie had no option but to administer the Liwas it stood, and asked O'Donoghue if he had applied for Charitable Aid for his siste« ; to which O'Donoghue replied " this is the bort o£ charitable aid they have given me, to tiy and take every thing I ur my wife have, and nuke paupers of us. If they leave us without a home and some iittle way of living, the country will have to support us." Mrs O'Donohgue also referred to all she had gone through ; and said she never anticipated when she married having to euppoit her husband's people. His Worship dismissed the interpleader, with costs £4 ]3s.