RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1333, 28 April 1885, Page 3

RESIDENT MAGISTRATE’S COURT.

Geraldine—Monday, April 27, 1885. (Before H. C. S. Baddeley, Esq., R.M.) CIVIL CASES. R. Fish v. H. B. Jones —Claim £3 10s. Judgment for amount claimed by default. [Dr Fish here took his seat on the Bench, and the Rev. Geo. Barclay came in later or.] His Worship gave his decision regarding costs in the case R. H. Postleth waite v. J. Burke, heard last Court day, in favor of defendant, as it appeared to him (the Magistrate) that plaintiff ought to have known of judgment having been obtained against defendant in October, 1883. Solicitor’s fee, £1 Is, and witness, ss, were allowed, and in regard to one witness who had not been subpoenaed, the Magistrate asked for time till next Court day to consider whether he could allow him his expenses, Mr White having objected. R. H. Postlethwaite v. J. Burke—Claim £9 8s 9d. Judgment summons. Mr White for plaintiff, and Dr Foster for defendant. A long argument ensued between the counsel and Bench, the subject being the complications which had arisen through Ward (formerly Mr Postleth waite’s agent) having accepted a share in a composition made by Burke to his creditors, after he (Ward) had sued and obtained judgment against Burke, Ward not having been authorised by Mr Postlethwaite to accept the composition. The Bench held that they could not go inio the composition because it was not a sealed release from judgment. An order was made that defendant pay half the amount of the summons in a fortnight’s time, and the balance at the expiration of one month. In default of one payment the whole debt to become due, and three weeks’ imprisonment to follow.