RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 135, 8 September 1870, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L Simpson, Esq., R. M.) Thursday, Sept. 1. Herbert v. North. — This adjonrned case, which we reported fully in our last, came on for decision. Mr. M'Coy, for the defendant, produced a telegram from the Registrar of the Supreme Court, stating that the house was on North's schedule of assets secured by bill of sale to Herbert. If such was the case the plaintiff would probably be good enough to produce the bill of sale.

Mr. Gooday : It has been produced ; it is now on the Bench.

Mr. M'Coy : I still maintain that the document produced is no bill of sale, for the many cogent reasous adduced by me a week ago. His Worship commented severely on the conduct of the defendant in so persistently endeavouring to keep this property out of the hands of his creditors. Had he inserted it in his schedule and assets without reference to its being secured to Herbert, so as to throw it in for the benefit of all his creditors, he would have understood it ; but it appeared to him that North was endeavouring to make this security to Herbert a cloak, in order to retain the property for himself. As to whether the bill of sale was good or bad, he thought that did not materially affect the case, as North had treated it as a good bill of sale, and as between the parties it must be held as good. The other point raised by Mr M'Coy, as to its not being filed within the necessary time, must fail for the same reason. Judgment for plaintiff, with costs.

Mr. M'Coy gave notice of appeal

[We underscand that some arrangement has been made between the parties, and that the notice of appeal has been withdrawn.]

Mr. M'Coy mentioned the case of Downie with regard to the matter of the Chinese working on his (Downies') leased land. He narrated certain breaches of agreement committed by the Chinese, and it was arranged that an information against them should be filed in the Warden's Court.