CIVIL SIDE.

Thames Star, Volume VIII, Issue 1907, 12 February 1875, Page 2

CIVIL SIDE.

JIRDEN T. BBISNEHAN. A claim of £2 53, amount for which a judgment summons had bean obtained. This is the first case which has been ' brought under th» Abolition of Imprison* mnetr for Debt Act. Defendant did not, appear^ His Worship: 3y this Act the Court had no power to issue a warrant to bring up the defendant for examination, the power being confined to making an order in his absence. He therefore told plaintiff to stand down for a time, as there were other cases to CQme on of this nature in which counsel appeared. : [On the case being,brought forward subsequently, at the completion of the case Lowndes v. Lenton, His Worship asked plaintiff whether' he was in a ; position to prove that defendant had. been possessed of money to pay since the debt had been incurred.'or that he Jiad'obtained burial of his child by fraud. If he could satisfy him of that he would make an order for payment of the money due. The. case was adjourned, in order that plaintiff could make inquiries.] J. I. LOWKDES V. J. GvXENTONV' - This was a similar case of judgment summons, the amount being £28 16s 9d. Mr Tyler for judgment creditor. J. G. Lenton deposed —That Mr Lowndes lately obtained a judgment against him for £24 and costs. He resided at Komu. He was on McCor- ; micks farm. The crops were his. There were some sheep and cattle on the farm, but they belonged to Mr McGormick. The produce of the sheep belonged to Mr McCormick. Never said the lambs were his. -Had sold some lambs. Recently sold ten at 10s. a piece. He sent the money to Mr McCormick. The cattle were Mr McCormick's also, the whole^of them. , Had not bought cattle lately. Did not buy any about the time he bought the Galatea. Did not tell Lowndes at the time that negotiation was progressing, that he had bought some out of kis own pocket.' Had the right to cut timber. Had sold

one load since last; December. Had sold the ship's timbers — there were about 600 fett lying on the beach. There was a fishing net in the barn, but it did not belong to witness. Had been mlartnership with a man named Smithy When Smith went he (witness) did nojrtake the net away. After the case in wflfeh judgment had been obtnined against him was finished ho went home, and stripped the Galatea, and put the sails and-gear in the barn.. Witness' tools were also in the,, barn, the net, and a number of things belonging.to MeCormick. There was no ledding and furiiture in the barn. There was also some wheat in it; Did 'not tell the bailiff that he had put the gear of the Galatea where neither the bailiff nor Lowndes would .find it. ; ,He. did say he bad advice to take the rigging off- the ' boat. The bailiff got. the Galatea and the little boat. Witness always kept the barn locked. Knew Mr Beeson. Had some conversation with him* about this ease. 1 Did not tell him he would not pay a shilling of the debt. He told him, Oa the contrary, that he would pay the money if he got time. He would pay £2 a month. Could not do more.. Only had the wood and crops to depend on. , . , Janes L. Clark deposed—That he was bailiff to Resident Magistrate's Court at Coromandel.*' If was his duty sometime since to put in force a warrant of distress against defendant. When he got there everything was looked up—not so much as a broom-handle being left outside. He got inside the dwelling house, and seized all he got there, which was a very little domestic furniture. He then went outside and seized what was on the land, some gates, etc., and Galatea. He asked defendant'where the gear was, the answer being that he „ (defendant) had put it where he (witness) would not get it. He aaid it was not in the. barn. ,JH§ subsequently gave up 4 possession of ibis gates, etc., as Mr McCormick said they were* his property, and he did not enter the burn for the same. reason,' ;Mt Lowndes said there had been an offer of £12 for the boat. It had .not beta offered at auction. . -..<...,„. By defendant—ldid say X was surprised to see the Galatea dismantled on If ondav when I went there. You may hare. told me on Sunday that you had stripped it. I may hare said" I suppose yo« have put the gear in some of the gullies so?'-!*! I won't find it. ■". kiim?i

Defendant said it was then lie said fltet the bailiff would not find the gear, because he (defendant) knew that it was not * in the gullies.;;"' \ ■. ■_•■,.' ;,. / - His Worship said the defendant appeared to be unfortunate in, tiring under a lawyer, and he had no doubt that defendant v had .been:, adrised.; :JJe quite believed from the eridenee that a portion of the goods had been concealed. ! "} '?V Mr Macdonafd said he had adrised th« defendant to let the boat alone, aa^it might be brought against himV He men- ' tioned this as in' some measure* bearing . outithe statement of defendant that he had no notion of concealing.the gear. His Worship said he was referring to defendant's position"-4n- rrespeet" to Jfr McCormick. '-.■■■''

JMr Tyler drew attention, to the fact that when the bailiff arrived at defendant! place, he found etery restifcd of property housed and locked up. » His Worship said he was quitesatisfitd that defendant came within the subf ection of the Act. He had pb*rer to make an order for payment of the bill by inch instalments ( as he might think proper. The defendant'seemed'from the nrst to hare had a >«y crooked, notion o£ his ; responsibilities iii : the GalatM ;case, and there appeared to have been* < substratum _of cunning running through his conduct. He no doubt now saw that he had made a mistkke. He (His Worship) thought from what he could see of the circumstances of the. defendant, thit~ he should meet the case by making an order for payment of £2 per monm until the whole debt and costs were paid; failing . any;. one :, payaent to,. be imprisoned for three montnt. .'"

A. ÜB¥CE V. B. WHIT*. This was a claim <>f £8 for cash lent. Mr Tyler for defendant V Mr Mac. Donald for plaintiff. ? • «*. . ; - Sir Macdonald raised an, objection to the. bill of particulars which was incomplete. " J £. The Clerk of the Court said he wonflfS not have issued a summons had the bill not come from a solicitor's office. " • The case was adjourned for a week, in order that the particulars' of demand might be enumerated, cost of attendance to be paid by plaintiffs : : ':■"■* - ."-^ „ G. DALZIIL V. S. JPKBCT. ...:;,. This was a claim of £2 13s lOd for goods. 0 -' "'-' f '! '"'■i'>" l '■' "■.*" '"'l' .■ George James deposed that he was a laborer. Had been working for Mr - Percy. Remembered, going- with him . , to Mr Dalziel.^JThe first;thing that waf.. , said was, .'* I bare brought you ~a~ cos-' tomer. I hart prored him to be ani honest man, and if be don't pay I will see you paid," There, was a pass-book. Witness got meat to the amount of £2 13s 10d. Mr Percy., balanced off, tip, amount due to th^butcher in payinfc * . witness his wages.' Oa settling up^Jbe •owed money to Mr Percy. He iaanot -paid him yet, haTing been.laid up with ,-' ; the rheumatics. When they had a settling up of accounts, the butcher's biil was ~ included in the; money witness jpw«d;to Percy. ' ' . ' Mr Macdonald; cross-examined the witness. *' **: :-i '*"". t - The pass-book was prod ucedL; witness 'said he had had that in getting meat from different butchers, r * George Dalziel said he had had.' no .knowledge of the man James be&re ho was introduced Mr Percy, who said he i was working in his garden. He *»ld Witness tq get Janies a book to enter what. - he had, and he (Percy) could settle up with James at any time. Whea tb« Bill

including goods that Mr Percy himself had received—was presented, Mr Percy said he would pay it in full in a few days. "Witness never looked ujxm Janies as a customer. He gave credit to Mr Percy Ibid asked him more than once for payfront. Percy never* repudiated the bill, nor said anything about looking to James for paymer t. Sylvester Percy deposed — That he took James to Dalziel's shop, and said he had brought him a customer, believed that he was an honest, man, and that he would pay him. .-Told him particularly not to mix iip.the.accounts. Did not say that he would, settle with James about the goods* -. Told him hpt to mix up the accoupts because he found, two or. three days after that'the items were being mixed up. He settled with Dalziel for what he personally had received, but did not pay James'~account. On the settling up not put down- the butcher's bill in th^e' account agaijst James; had he done so, James would have owed him

more.\ t„ / • ■ , ... Counsel adclreased the Court in turn. His Worship said people "did not seem to. understand the difference between a guarantee arid, a^ principal. If tKe guarantee had been in. writing he would have : given judgment, as he believed ttiefe was a moral obligation on the part of Mr : Percy, though not a legal one. He gave judgment for defendant, with costs 10s. T. CHAPMAN AND B. BUBEOWS T. J. ,- * " ~ CBEAGH. This was- a claim of £12 15s for rent, and was adjowrned to the 19th of this month. '; • . " JUDGMENT FOB PLAINTIFFS^ In the following cases judgment went ft* plaintiffs :—J. Fosst. George Green— a claim of £12 5s 8d for goods ; Same r. E* C. Comes—claim of £4. 11s Id for goods; E. "Waite y. T. J. Dickson— claim, of £6 5s sd, money paid. BDWIJf BINNEY V. B. THOMAS. This was a claim of £39 Os 2d for which a judgment Summons had been, obtained. Mr Tyler for plaintiff. • - There was no appearance of defendant. "iktr.iJinney had telegraphed to defendant to .state that he would wait till 12 o'clock.. At that time (the case haying been ; deferred) Mr Binney had received no communication, and the case was adjourned. „