RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1507, 18 May 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Gkraldine-tMondiy, Mat 17th, 1886. [Before the Rev. G. Birclay., ,*nd: R. fl. Postlethwaite, Esq;, J.P.'s. : CIVIL CASES. Thomas Tilaon v. J. Joe—Claim £l2 6* PlamtiS seated that he had instructed - jjtr Haraersley to-act for him, but that gentleman had Dot put in an appearance. The Court adjourned the case until later in the day, to allow of p'aintiffV solicitor being present. . At a later stage this" case was again' called on, when the Bench asked if plain-. tiff would like the case farther postponed ■ in order that he might be represented by Counsel. The plaintiff elected to proceed; and stated that defendant 'acknowledged the claim. The Bench pointed out that defendant had put in a set-off for groomage. Plaintiff said he had not to pay that, nor had any other owner of a'u entire horse in &ew Zealand. .Judgment was given for plaintiff for the amount claimed, without Solicitor's fee. .

R. H. Pearpoint v. Edward Green— Claim £9 5s 7d,—Judgment summons, Plaintiff stated that he had. got j'udg- . tnent against defendant in March last, but could not obtain the motiey ; he now asked the Court to make an order as to when the money was to be paid. Defendant refused to be sworn, and asked the Court to take his word that he would speak the troth. The Bench refused to do this, and defendant afterwards made an sffirmation. Defendant caused a good deal of trouble', and had not the Bonch been very lenien'f; ha would nj doubt have been committed for contempt ot Court. : Defendant stated that he had a large family to keep, and very little to do it with. He li'id been working in Geraldirio about two mouths ago, and had lost money while there, consequently he could not pay his way- If plaintiff would give him time he would pay. He offered to pay the claim in two equal iustalraedte," one half in a fortnight and the remainder io six weeks. Plaintiff having sigm'fied his willing* ness to accept this offer, provided tba Court made an alternative order of imprisonment, judgment was given in accordance with the offer, and an order was made for a fortnight's imprisonment io the default of any payment. R. H. Pearpoint v. A. Owles—Claim £6 25.5 d. Judgment summons. Defendant did not appear, and wrote a letter from Akaroa enclosing stamps to the value of one pound which plaintiff — - had forwarded to him to pay hiifxpenses § Geraldme. He stated in the letter that ha h&l no money with which to meet the ~ claim and asked the. Bench to deal as „ leniently with him as possible. . ..'.. Plaintiff stated that he bad been informed that defendant .was in the employ. -. ment of the National Mutual Insurance Co. and doing a good business. . '[' He called bis informant, Mr J. S.. \- - Waite, who, upon being sworn, said he"-'"'-" had met the defendant in Ciiristchnrcb :'. about the 17th Feb. last who had • him he was working up policies for.the •; National Mutual Insurance Co; and was doing very well. To plaintiff: He did not say bow long he had been working -for them. He looked aiU he wai doing t«»y well.

The Bench pointed out that three months bad. elapsed since then. They did not know what alterations there might be in defendant's circumstances in he meantime. Plaintiff said he believed defendant was still working for the Company and was stationed in Akaroa; also that the account had been owing for nearly two years. He was quite willing for the Court to make a small order. The Court made an order for £1 per month to be paid, and in default of any payment a fortnight's imprisonment. John Charles v. Robert Burnett—Claim £4 on an 1.0. U. This was a case that was adjourned from last Court day in order to allow the plaintiff, who was a minor, to be present. Plaintiffs father stated that the claim was for work done by his son. Defendant had paid part of the amount, and had given an 1.0. U. on December 27 for the balance which was now sued tor. He had demanded payment of] the money whenever he had an opportunity of seeing defendant. Defendant on being sworn admitted the debt but: stated he had no money to pay it with. He would pay it as soon as ha got worV. He would pay the amount within a month. Plaintiff stated that he would not have brought the action bad it not been that he was pushed for the money. He believed the defendant could, pay him much sooner than a month if he' liked. He (plaintiff) could not wait for a month. He was willing to give defendant nine days in which to pay. Defendant stated he could shorten the period if he got work, but could not promise to pay in nine days. Judgment was given for the amount claimed, execution to follew immediately. ' G. Wood v. J. D. Fraser-Claim £6los. Defendant did not appear. His evidence, however, had been taken at Palmerston North, and was laid before the Court,' but as one sheet of this was missing it was adjourned till next Court day, in order to enable the missing sheet to be found.

The Court then adjourned till Monday, 7th June.