SITTINGS IN CHAMBERS.

Lyttelton Times, Volume XXIV, Issue 1439, 22 July 1865, Page 2

SITTINGS IN CHAMBERS.

His Honor Mr. Justice Gresson sat yesterday in Chambers, at 11 p.m. The business before the Court was that of M'LEAN V. BUNTING. This case has a somewhat more than usual amount of interest for the public. It appears that, prior to a certain date in 1861, the Ordinance in accordance with which justice was administered to insolvent debtors, enacted that if judgment had been obtained against such a debtor, and that, in pursuance thereof, he had been taken in execution under a writ of ca sa, the 6aid judgment was thereby satisfied. In 1861 an Act was passed, entitled "The*lmprisonment for Debt Ordinance Amendment Act," whereby it was enacted that an imprisoned debtor might petition for relief, and, at the discretion of a judge of the Supreme Court, could be discharged from durance. But the same Act provided that, should the debtor so discharged become possessed of property thereafter, such property would lie at the mercy of the creditors who had obtained the judgment against him j which he had failed to satisfy by enduring the full term of imprisonment it awarded. Again, a change was made, and in 1862 the existing [ Debtors and Creditors Act was passed, by which the Act of 1861 was repealed. The case under consideration commenced in 1862, but apparently before the present Act came into force. Mr. John M'Lean at that time obtained judgment aeainst Mr. Bunting for a debt of £283 odd. The debt was to have been disputed, and counsel was retained for the argument, but did not appear, and judgment went by default. A few |days afterwards a ca. sa. issued against the defendant for the debt and costs, and he was imprisoned. He petitioned for relief, under the provisions of the Act ol' 1861, and the judge discharged him—-the order for his discharge declaring that the plaintiff's counsel, Mr. Wynn Williams, had " withdrawn all opposition." Now, the Act under which this discharge was made provided, as we have said, that any property a debtor so discharged might afterwards beco<ne possessed of could bo taken by the oroditor or creditors from whose suit he had for the time being been discharged; and Mr. Bunting having acquired some household furniture, a writ of Ji.fa. issued! under the judgment above-mentioned, and the said household furniture was Bold, by order of the Sheriff, to aid in satisfying tho said judgment. But this Ji.fa. was executed in 1865, and the law under the provisions of which it was executed was repealed in 1862; " therefore," say the legal advisers of Mr. Bunting, " its execution was uulawful, for that the repeal of thrf Act of 1861 had the effect of reviving the previous lav, which made the execution of a ca. sa. a full satisfaction of a judgmont; and they obtained a rule nisi for tho plaintiff, to show cause why such satisfaction of judgment should not be entered up. Mr. Travel s, instructed by Mr. Wynn Williams, shewed cause agaiust the rule, and after citing authorities to show that tho execution of a writ of ca, sa. was not in all cases a full satisfaction of the Judgment, contended that the repeal of tho Imprisonment for Debt Ordiuaneo could not affect the vested rights of tho plaintiff under that Ordinance; that such ronoal could not have a retrospective od'eet; and that, us tho defendant had obtained the benefit of such Ordinance, the plaintiff had a right to insist tlmt the judgment; was still subsisting; that tho rights of tho plaintiff could not bo destroyed by implication; and that for the Court to hold otherwise, would be a great hardship on tho plaintiff. Dr. Foster replied at some length, and, in the course of his argument, cited authorities to show that, when an Act was repealed, it was to bo considered as if it laid nover been in tho Statute Book, and consequently, that the repeal of the Imprisonment for Debt Ordinance effectually destroyed tho plaintiff's rights. The Court reserved judgment.

CHRISTCHURCH ELECTION. The nomination of a candidate to servo bl£ £ member of the Provincial Council for tho'tnty of Chrigtchurch, in the room of Dr. Turnbull, '0* signed, took place yesterday, at tho Town Hall. At noon tho Returning Officer, Pr. Donald, attended, and read tho writ for tho election. Mr. W. Wilson proposed Mr. J; D. Macpherson a* a fitting representative for the city. He remarked that tho character of a British merchant won one a* familiar to all ar household word*. It was associated in tho minds of all as combining a keen senso of honour with strict integrity of purpose/and buiineas shrewd no<« with an unblemished reputation. A large proportion of general intelligence was also requisite. These qualities were sufficient to secure for a man the ropect <n the world. lie wag sure that these would be found united in Mr. J. D. Macpheraon. He (the speaker) was sure that all the electors would feel proud to do honour to one who possessed, m ari eminent degree, the qualities he had enumerated, and who was willing to devote the energy and judgment ho was so remarkable for. to the serrict of the electors of the city. Mr. Macphersoj was unfortunately detained m Dunedin through the pressure of urgent business; and he hopcc that his involuntary absence would not be con ■trued into any disrespect towards tho electors He had promised to atone for his apparent remiss ness in not appearing before them that day by thi diligent application with which he would Btudj their interests, and endeavour to promote them For his own part, he had great pleasure in propos ing Mr. James Drummond Macplicrson as a pro per and fitting person to represent tho City o Christchurch in the Provincial Council. Mr. R. Wilkin had great pleasure in secondini the nomination of Mr. Macpherson. He full; endorsed the observations of Mr. Wilson, ana wa convinced that Mr. Macphcrson possessed all th attributes which had been assigned to him by th gentleman who bad proposed him. No other candidate appearing, The "Returwiwg-Officbr declared Mr. Mat plierson to be duly elected. Mr. F. E. Stewart, on behalf of Mr. Mac plierson, briefly thanked the electors for th honour they had conferred upon that gentlemai who, he was sure, would devote all the abilities h possessed to their service. A unanimous vote of thanks to the Return in{ Officer terminated the proceedings. The election only' occupied about tweni minutes, about fifty persons being present.