DISTRICT COURT, HAMILTON. Tuesday.—(Before His Honor Judge Macdonald.) In Bankruptcy.

Waikato Times, Volume XIX, Issue 1573, 3 August 1882, Page 2

DISTRICT CO URT, HAMIL TON. Tuesday. — (Before His Honor Judge Macdonald. ) In Bankruptcy.

In re Harry Muxlions, a debtor. The bailiff produced before the Court one Charles Mullions, arrested on warrant of the Court for having neglected to attend for the purpose of being examined by the J trustee in the estate of Harry Mnlliqns. Mr O'Neill, for Charles Mullions, prayed to have him sworn and examined, with a view of showing that no tender of money for expenses had been made to him on being summoned to attend before the trustee. Charles Mullions, sworn, said he w as a carter, residing at Cambridge, in the employment ot Mr Wells. On Friday, June 30th, he was served with a summons (produced) by Captain Souter to attend before the creditors' trustee. Souter told him that he would get 7s for his day's \v ork and passage by coach or steamer. "Witness said he could not get back that night by either, and asked what he was to do. Captain Souter told him to say ■» hat he would do in the morning. Captain Souter did not pi oduce or tender any money to witness, nor did he mention 26s in any way. He did not tender 7s. He did not ofler or produce any money whatsoever. Had the proper money been tendered, witness would have taken it and attended as mjuired. Cross-examined by Mr Hay : I was in Hamilton on the 3rd July, the day for which I was summoned. I did not go befoie the trustee because I did not have anything tendered to me for expenses. I say that at the interview with Captain Souter he had no money in his hand. After considerable legal argument, his Honor held that Charles Mullions had been improperly brought before the Court, as he had not beeu tendered his reasonable expenses, and the said Charles Mullions was therefore discharged. Civil Case. J. McPhkrson v. Ratima us Wiiakaete.—Claim £36 10s 6d, for rates. MiHay for the plaintiff, aud Mr O'Neill for defendant. The evidence in this case was taken on last Court day, and His Honor now delivered judgment as follows : — This action is brought by plaintiff, as collector the Waikato County Council, to recover £36 10s 6d, amount of rates assessed on defendant in respect of land situate in the parish of Whangamariuo. The defence was that no such demand of payment had been made as to satisfy the requirements of the law. Such requirements are set out in the Rating Act, 1876, section 48, "A demand of any rate due must be made in writing, under the hand of the collector, etc., and delivered to the person liable either personally or by leaving the same at his last known abode or place of business, or on the premises in respect of which such rate is due," and in the Amendment Act, 3870, section 12, making it " sufficient if the demand be made by sending it through any post-office, addressed to the person liable at his last known place of abode or place of business. The collector in his evidence stated that he bad posted the requisite demand, directed to the defendant at Rangiriri. That at the time of posting he knew that the defendant had resided at Rangiriri, but that he then resided at Kohekohe, some miles from Rangiriri ; that he directed the letter to Rangiriri because there was a post-omce there but none at Kohekohe. The letter was returned through the Dead Letter Office. The defendcinfc is a Maori, and it was not pretended that he carried on business anywhere. On the facts I think that no demand had been made, and that plaintiff must fail. The Act does not provide for the demand being addressed the post town nearest to the place of abode, but to the place itself, and though the Act of 1879 facilitates the collector's procedure it certainly was intended that the ratepayer should have notice, which in this case he did not have. Nonsuited with costs,

IDr Edgelow will in future dispense his own prescriptions at his residence, that lately occupied by Mr Vialou, Hamilton, and not at his surgery. Messrs J. A. and W. M. Douglas, Tamshere, notify that during: the lambing season poison will be laid in their paddocks. Mr Henry Gilletfc, advertises that he has taken over the National xlotel, ( Cambridge, which is replete with 'everything required by travellers, tourists, or tho general public. ?>.*Mr J. S. Edgecumbe advertises to let tho commodious premises at the corner of Grey and Cook-streets, Hamilton East, formerly occiipiedbyMrJi. Harris. - * - < , ' MrJohn.Knox will sell at his mart, on Saturday next, drspery, "sewing machines, furriiture^poultry, produce, &c, at 2p.m.. h -, < - Canon ' Ernest 'WilberlprcbJ "'son. of, hWv y»f,pi§hbp,^of