RESIDENT MAGISTRATES' COURT.

Waikato Times, Volume XII, Issue 1008, 7 December 1878, Page 2

RESIDENT MAGISTRATES' COURT.

Hamil't.jN, Dec. 4tii, 1878. (Before W. H. Norfchorotr, Esq., R.M.) William Steele was charged with a breach of By-law "No. 1, section of the Hamilton Borough Council with leaving on the 22nd ultimo a horse and vehicle in Victoria-street unattended.

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Captain Steele stated that he had taken the precaution of tying the herse back to tho trap. Fined 15s, and coals. PETTY LAttCENTr. Bernard Brown pleaded guilty to stealing orange* to the value of Gs from the Hamilton Railway Station goods-shed. The lad was dismissed with a caution. CIVIL side. Hay v, H. Lewis. Messrs Whitaker and O'Neil appeared fii»the plaintiff, Mr K. Tyler of Auckland for the defendant. Defendant was sued as a creditor's trustee in the bankrupt estate of Kiunearney. Mr Tyler raised two objections, first that the defendant was improperly. designated in the plaint and secondly that the bill of particulars was not sufficiently full and explicit. Mr Whitaker replied, and the Court overruled the objections. Henry Lewis, hotelkeeper, Te Awamutu, sworn, said : I am trustee in the estate of W. Kinnamey— Plaintiff was acting t s the solicitor of the bankrupt. (Document put in evidence, signed by defendant retaining Mr Hay as his, defendant's, solicitor as trustee in the estate of Kinnarney.) Mr Gresham is acting for Mn Hay, in Te A wamutu. I have no

recollection of having any conversation with Mr Gresham, as to the 'preparation of a lease.: I have" no cottage, or never had a cottage belonging to the bankrupt. I did not sell such a. cottage. The auctioneer sold it. I gave the auctioneer instructions to sell the estate. I might have given an inventory of the estate to the auctioneer. I heard from Mr Gresham that there was a cottage. I am not sure I gave the auctioneer instructions. I never spoke to Mr Gresham about the title of the cottage, till he brought me in the bill. I received the account sales from the auctioneer. 1 never took stock of the bankrupt estate. Mr Gresham did everything. I dont believe I gave him authority, but I took his word as to the value of the estate, &c. I knew he was Mr Hay's clerk, and that Mr Hay was solicitor for the bankrupt, and I, therefore, endorsed his action. W. McGregor Hay, sworn, said, I received the authority, signed by MiLewis, from my agent at Te Awaniutu, Mr Gresham. I acted in that authority, as did also my agent. 1 had a conversation with Mr Lewis, as trustee of this estate, in reference to one, Oulpan. There wad an informal document, purporting to give bankrupt a title, which did not. I told defendant it would have to be set right. He acquiesed in this. I saw Mr Culpan directly after. After some time, Mr Oulpan consented to execute a lease in favour of the defendant, as trustee of the estate. To Mr Tyler—l did nothing but what I have just spoken of in the matter, the conversation with defendant and Culpan ; and having seen the lease after it had been signed by defendant. Thos Gresham, sworn, said, I am clerk to. Mr Hay, at Te Awamu u. I received instructions fam Mr Lewis, with reference to the bankrupt estate of Kinarny. There was

a cottage belonging to the estate, to which there was no title. Bj> direction of Mr Hay, T saw defendant, and explained to him that, in order to make the cottage an available asset, it would be uectssary to have a lease from Mr : Culpan to himself, as trustee, otherwise, there would be nobbing to sell. The whole estate realised ' JB'42, out of which the cottage produced £4O, Defendant said I donfc understand anything about this, but I suppose you will do what is right. I accordingly prepared the draft of the lease (draft produced), both lease and counterpart are executed by Culpan and defendant, as lessor and lessee. I saw Mr Lewis sign the lease. I was the attesting witness. I told him what he was signing. I <r ave it in to defentant's custody and he as trustee, handed it back to me, as I had the charge of all documouls referring to the bankrupt estate, sent him a signed bill of costs. The charges arc fair and reasonable, and defendant has twice refused to pay. To Mr Tyler: I saw Mr the day before preparing this lease and pointed out to him what was required to be done to get a goad title to the cottage. He then instructed me to proceed. Kinarnv becune bankrupt the Ist October. I have no remembrance of filing any consent of trustee to prepare the lease. Tho property was sold in De-

cernber, by Mr K. Hill; the auctioneer made a .statement that the purchaser must take such title as could be given. I bought the property, there were two bidders I procured a base from the owner of the freehold, Mr Whi'e, of same property and the remainder of the acre. I know that Mr Culpan had not at that time handed b.ck .his lease of the cottage to Mr Whit". The Court non-suited plaintiff with costs. Young v. Rose.—This was a claim of £lO, the value of a horse said to have been left in defendant's charge i by plaintiff while slopping at his hotel. Messrs Whic.-iker and O'Neill for p'nintiff, and Mr Hay for defendant. Judgment for defendant, with costs,