RESIDENT MAGISTRATE'S COURT. -Yesterday.

Thames Advertiser, Volume VII, Issue 1899, 21 November 1874, Page 3

RESIDENT MAGISTRATE'S COURT. -Yesterday.

(Beforo \V. I'raskb, Esq., R.M.) J. W. Snuv v. John FmELL.-Claim, £4 ss, for goods supplied. '1 here was no appearance of the parties, and the case was struck out, John Buchanan and Othebsv. Kdwin Binney. -Mr Macdonald for plaintiffs, Air Brassey for defendants. This was a claim for £30, which defendant had taken possession of as part of Murphy Bros, estate, but which be refused payment of until an account of his for £14 6s had been paid. £15 I<lh had been paid into Court, but nothing had been paid for costs. Kdwin Binney deposed: I am an auctioneer in Grahamstown. I know the plaintiffs in this case, Messrs Buchanan, Morrin, and Pulleine, who are trustees in tbe estate of Murphy Brothers. I was authorised to do certain business in connec tion with the estate. (Authority produced, signed by several creditors before the _ trustees were appointed,) I also received a telegram from Mr Buchanan. I paid 15s for telegrams. In pursuance of the authority I went through the books, and paid £2 lor a man in possession, and an accountant £1 Is. For the work I. performed myself I charged £lolos.~ Crossexamiued by Mr Macdonald. T be nork was done, and the money paid on the 30ih of October. The money may not all have been paid on that day. There were several telegrams, before and after the 30th of October. I don't know what I paid for telegrams before the 30th. I never made any entries about these telegrams. I paid more than 15s. I don't know whim I paid the 7s telegram. man in possession, to wliom I paid £2, is named Heald. He is in my store. I paid on the Saturday after he had done his • work. The 30th was a Friday. I employed him on the receipt of a telegram which I received on Friday. His employment ceased on Tuesday. I did not make any bargain with him. He was to see that no goods went out of the store without the money was paid, Mr Atkiu relieved me of the charge of the store on the Saturday. I withdrew Heald when Mr Atkin took possession of the shop. We had another place Heald | was in possession of, There were three of us lookiug after tbe two places. I continued to look after the place after Mr Atkin came. All Mr Atkin had authority to do was to go into the shop. I was not instructed to hand everything over to Mr Atkio. I had possession of the stock in Haydon's for a week or ten days. Mr Buchanan and Mr Pulleine came and got the keys from me, The goods in Haydon's were locked up. H eald was outside on the Monday after he was withdrawn from Murphy Brother's store. Heald never went near the place till I got the telegram from the trustees.. Mr Buchanan told me he was satisfied about the £2, He disputed my commission. He asked if I would make it £5 53, instead of £10 10s. He never disputed about the £2. He acknowledged the amount by not disputing it. I. never said that it would be precious little of the £30 the trustees would get back. I may have said it was precious little they ought to get back. I may have said that they ought to have given me the £30. If they had given me £50, it would not have been too much, and if I had known they would have disputed the account I would have made the charge more than £1010s. Mr Pulleine said Mr Buchanan asked me for the £31). I don't know whether this account was sent in before they asked me. (Mr Macdonald put in an accouht dated the 13th .November, and said he was instructed that this was the first account the trustees had received).—His Worship said that he did not think that Mr Macdonald should attempt to separate the document given by the creditors and the telegram sent by the trustees. Two of the trustees signed the document purporting to be signed by the creditors.— Examination continued: I got the money on Uctober 30. after receipt of the telegram. My account was partly for work before the receipt of the telegram, and part for work doue after. The accountant was employed before the telegram was received. The £10 10s was for work altogether in connection with this matter. I will charge £10 10s from the trustees, and I will want a guinea from each of the creditors. 1 had possession of £1,400 or £1,500 worth of property for about ten days, and if I am not entitled to £10 10s for that, it is time to leave this blessed hole. If I had not done what I did the trustees might not have seen so much of the property.—Defendant was re-examined by Mr Brassey, and deposed that £10 10s was a fair charge for the work he had done since receiving the telegram from the trustees. —James Craig deposed that he was an auctioneer in Grahamstowni He was aware of Mr Binney having performed work in connection with the' estate. He had heard what Mr Biuney had said himself. In taking charge of property for irustees, he should charge at least 1 per '•cut., and if ho took a valuation he should thargo 5 per cent., and £2 2a for the inventory. If he took charge of property of £1000 for some ton days ho would "barge 1 per cent.—T. W. Gudgeon, •uctioneer, deposed that ho considered that to take charge of an estate like this filO was a fair charge. It was ii iccordance with the Chamber of Com merce rules of those very gentlemen who w«i'9 disputing.—-In crosa-examination by Mr Macdonald witness said that ho would not roako nuy difference if tho time wis

one dfiy 0 r a week.—Mr W. T. Atkin deposed that he was a Custom-House agent. He was sent down to take charge of Murphy Bros.' estate. He came down on the day after the telegram was sent to Mr Binney. He went to Mr Biuney and showed him his authority, Mr Binney seemed rather nettled. Mr Binney's man left Murphy Brothers' shop on the Saturday. The other place was shut up. Mr Pulleine said Mr Binney had the keys of Haydon's place, and Mr Pulleiue said they might remain with him till Mr Buchanan came down. He received a letter from the trustees to get the £30. H spoke to Mr Biuney, and he presented his account'for £14s 6s. He declined to pay the amount. Un the Saturday morning, when he came down, Mr Binney said he had £30 or £40 belonging to the estate, but it would be very little of it the trustees would see. Perhaps ho used a stronger adjective. Mr Binney gave up the keys of the new premises on the Wednesday. The inventory was furnished by Mr Murphy.—J. B. Mason, bailiff of the District Court, and acting as general agent in Grahamstown, deposed that he had considerable experience in taking possession under bills of sale. He knew Murphy's store. If he bad received the telegram he would have charged £l la for going into possession, and 10< for holding possession in each place per day. He bad charged those terms to Khrenfried, A. Clark, and others. The_ value of the goods would make no difference.—Counsel having addressed the Court, his Worship said it was a very unsatisfactory sort of business altogether. He thought that Mr Binney, by his own actiqn, had precluded the Court from allowing him the £10 10s. which, if it had not been for his own evidence, he would have been disposed to allow him. He would allow the guinea paid to an accountant, and the £2 paid to the man,, and half the amount charged for telegram's. He would allow Mr Binney £5 ss, which would make the amount £7 12s 6d. Judgment would be for £6 12s 6d, in addition to the amount paid into Court. Mr Hinney, if he thought proper, could proceed against the creditors who had instructed him, for £1 la each, or whatever he thought a fair, sum.—The costs amounted to £6 53 6d, which Mr Binney had to pay, and this sum, with his own costs, would leave him very little a gainer by the whole affair.

Assessment of Bouough Council upon Mining Companies. -The Tookey G.M.0., the Caledonian G.M.C., the Imperial G.M.C., Golden Crown G. M.0., the £uranuiG.M.C,and the United Pumping Association have all lodged notices of appeal against the assessment levied by the Borough. Several adj mrmnents have taken place, but it was thought certain they would be heard to-day, .and a con siderable number of witnesses were in attendance, including Mr Totbill, Mr Kichards, Mr Kowe, Mr McDonald Mr Webb, Mr Souter, Mr J. Brown, who were subpeened to give evidence as tc the worth of batteries. At the last moment, however, a further adjournment was agreed upon for a week. The witnesses were informed that they would be notified if they were wanted again. We understand that there is a likelihood that the matter will be settled by arrangement.