RESIDENT MAGISTRATE’S COURT, TE AROHA.

Te Aroha News, Volume VII, Issue 443, 5 February 1890, Page 2

RESIDENT MAGISTRATE’S COURT, TE AROHA .

TUESDAY, FEBRUARY 4th. (Before 11. \V. Northcroft, Esq., R.M.) Charge of Using Abusive Language :. Frank McDevitt v. Robert Macltie. Mr W. Meldrutn, solicitor for plaintiff, stated that he had been instructed to apply for permission to withdraw the c arge. Defendant consen'ing, the charge was accordingly withdrawn. Debt for Goods Supplied : Duncan E. Clerk v. P. Rice. Claim £G 3s 31 for goods supplied. No appearance of defendant. Albert Edwards, late assistant to Mr Clerk, gave evidence proving the supply of the goods, etc. Judgment for LG 3s 3d, and costs LI 14s GJ. Debt for Goods Supplied : 11. Baskiville v. C. Campbell. Claim L 4 3s 10 1 for goods supplied. Defendant admitted the indebtedness, but stated he was not in a position to pay it just now, being out of work, Julgmentfor L 4 3s 10J, and costs Bs. Judgment Summons : W. Collins v M. W. D. O’Keeffe. Judgment summons for L 8 11s 6d. Mr It. Dyer, solicitor for judgment creditor, said an order was made by the Court on November 12th last te pay the debt by instalments of LI per month. This order had not been complied with, and it appeared to him it was for the defendant to show why he should not be committed to gaol for contempt of Court through not obeying the order. M. W. D. O’Keefe (sworn) said in reply to His Worship : He hail not obeyed the order made on November 12 th, because he had not had the means to do so. He owed various other creditors small sums,ranging Lorn LI to LG, and sold some cattle to justify these small debt 9. The whole of the cattle sold realised about LlO 17s 6d. Two milch cows had been seized by the Bailiff and sold for L 5, he valued the cows at LlO. He had himself sold one head of cattle to 11. Baskiville, of Waiorongomai, for L2 17s Gd ; and two others to D. Foughey, of Shaftesbnry, for L 3 or L 3 10s, he was not sure which. He had no horse, or otl.@ -means of paying the debt. His Worship addressing defendant said : A few months ago you stated on your oath to me, when you came and offered yourself as security for Owen Gayer to the extent for LSO, that you were worth considerably over USO in goods and chattels, irrespective of your land; what have you done with the cattle you then had.

Defendant. : There are seven of my cattle on ‘the run’ yet; at present market values they are worth about 30s each. I had some fencing materials and ijnple menta, a harrow’, spade and shovels, tools, etc. I have done no farming for the last eleven months. His Worship : Where are the LSO worth of chattels yon swore to me you possessed about four months ago. The horse I had then I sold to John Kelly for L2 ss. His Worship: You said when you came to me to go security for Owen Gayer, that you had over LIOO worth of chattels, cattle, horses, implements, etc. Defendant : I don’t think I said that. His Worship : But it is here recorded in the books of the Court. Apparently you would have me to understand,if any of you men offer to go bail and make a statement as to what you are worth, in the way of realisable property, I must discount it by about 90 per cent. Judgment : Ordered to pay the amount in which lie has made default, and the balance,on or before 18th February, inst., he having the means, or in default one months’ imprisonment in Mount Eden gaol. His Worship addressing defendant said : I am astonished at a man coming hero a short time ago like you di I, when you offered yourself as bail for Owen Gayer, and stating yon were, to use your own words, “Worth LSU, aye Lloo,’* in chattels if required, an 1 now coming into this Court and swearing yon have not the means to pay this small debt,