A PECULIAR POSITION.

Taranaki Daily News, Volume LII, Issue 157, 28 July 1909, Page 4

A PECULIAR POSITION.

DEFIAJJT DEBTOR'S DEFENCE. A case which possessed some peculiar features came before the Magistrate, Mr. H. S. Fitzherbert, yesterday mornrag. Thomas Kinsella, of the Albert load, a farmer, appeared in answer to a judgment summons issued by R. Aroa for £lO 18s 9d, being the amount of a grocery account plus costs in the original action. Mr. Roy appeared for the judgment creditor, and the "debtor appeared in persou to show why the Court should not proceed to make an order against him for th e payment of the debt.

The defendant's evidence was to the effect that since, judgment bad I been given he had been engaged in general work, sometimes on the farm held by his mother and the! family in commbn, and sometimes outside, For bis farm work he got his "tucker" and a little more, but not much. He didn't handle the milk cheques, and didn't know what they were worth. He couldn't contradict counsel's figures, which showed that for the twelve months ending May dast the milk supplied from the farm -to the creamery was worth nearly £2OO. He had been manager of the farm when he bought the groceries forming the basis of this claim, and the goods had been consumed by the family, including himself.

"Noiv," said Mr. Hoy, "aren't you a sort of co-operative family? Yoii contract the debts atid the others share the profits of the farm, eh! You know it isn't reasonable to suppose a bachelor like you would want all these groceries. A bachelor doesn't buy food in these quantities, as a rule." Defendant: I can't kelp that. Mr. Roy: But it's your 'business l to lielp it. The Magistrate: Perhaps lie means that he can't help being a 'bachelor, Mr. Roy. Mi\ Roy: Oh, he can soon remedy that if he likes, I've no doubt. The defendant, in answer to fur'Vr questions, stated that his mother, '. wo sisters, a Ibrothcr of about 18 year*, a boy going to school, and himeelf resided on the farm. He was 30 years of age. Mr. Roy: And whom do you consider the responsible person, liable for this account, for instance? Debtor: I don't know. That's for you to find out. You've got judgment against me, haven't you? Mr. Roy: Very well, we'll leave the Magistrate to decide. ■The defendant said he could make no I definite olfer, but would endeavor to pay off the del-' with his first earnings. I The Magistrate proceeded to ask a few questions. Who manages the farm now?— Mother. I just work on it. And you let her? —Yes. It's her businew.

What age is sire?—(Fifty-six, or somethincr like that.. And vou let her manage the farm, you say?— Yes. Further questioned, Kineella said that no banki:ig account was kept, and there were 110 hooks kept at all of late. Most J>f the money went in the Public Trustee. Ho had no idea aow much he had earned in the .past twelve months. The iarm of 134 acres was for sale at £l6 an acre, and he believed it was mortgaged up to £ll an acre.. The Bench: And if I adjourn this case for a month, how much can you j pav off this account in the meantime? , Witness: T don't know. ' His Worship: You'll have to make an ! snort, you know. It's all rubbish to tell me your mother manages the farm. You're the only adult male on it. I don't intend to make an order in this case just now, upon the evidence before i me. J3ut I will adjourn the case for a month, and I expect the defendant to pay half the amount by the end of the month. If he doesn't pay it, then Mr. i Hoy will be able to ask me to make an. order. I expect the defendant to bring some books with him, too. The case was then adjourned till 24th August.