Queenstown Column

Lake County Press, Issue 787, 23 December 1897, Page 7

Queenstown Column

MAGISTRATES COURT, QUEENS

TOWN

(Before S. E. McCarthy, Esq., S.M.) Monday

Inspector of Nuisances v. James Keay. For allowing three cows to wander.—Fined 10s, costs 7s.

Deputy-official Assignee v. Joseph Mayne. Mr Turton for plaintiff, Mr Macalister for defendant. Defendant was charged with breach of sub-section 3 and 4, section 157 of the Bankruptcy Act, for not keeping proper books, and of sub-section 12 of the same Act, in failing to deliver up to the Deputyofficial Assignee a gold watch and chain with a five-dollar pendent, also with making a preferential sale of a grey mare, bridle, and saddle for the sum of £lB, to bis brother, Alfred Mayne on January 25th. Mr Macalister, for defendant, elected to have the case tried summarily, and argued that as the case was to be tried under the J.P. Act, that accused could only be charged cm one count, whereas the information now before the Court included six charges. He wished to know under what charge the prosecution would elect to go on with. After argument by Counsel, His Worship decided to hear the evidence, but took a noce of Mr Macalister’s point.

Mr Firtli, Clerk to District Court, gave evidence of defendant filing a petition in bankruptcy, and Mr Geisow, Deputy official Assignee gave evidence as to the books kept, being only a pass book and a memo book, which did not show any particulars as to defendant’s position. John Braden’s evidence went to show that he saw defendant a few days before his bankruptcy. He was wearing a chain, which might have been gold. Did not see the watch. J, M‘Chesney gave evidence as to the way he kept his hotel and store books. E. Aldridge gave evidence that he pub 3 sets of shoes on the grey mare. Defendant said he was hard up and witness booked the shoes to defendant, Joseph Mayne. Alfred Mayne gave evidence as to purchasing the mare for £lB, by contra account £ll 10s and cash £G 10s, entries of which was shown in his books. J. Wenkheim knew that defendant had a gold watch and chain before his bankruptcy. Had not seen it since. Knew the grey mare. Defendant had offered it to him for sale. Gould not now say the date it was. At the meeting of creditors when he proposed a motion requesting the Deputy-official Assignee to look into the matter and take some action, he did not mean it to go this length, but he thought thatde fendant’s action had foolish, and he had been punished enough with having the action pending over nearly 12 months.

[This closed the case for the prosecution].

Mr Macalister addressed the Court for the defence.

His Worship in giving judgment, said that no doubt defendant had coin mitted a breach of the Act in failing to keep proper books. It was not expected that a small trader like defendant should keep elaborate books, but it was the duty of such to keep books showing his receipts and expenditure. This he had not done. In reference to concealing the watch and chain, there was no evidence to show he had one. In reference to the sale of the horse ; his brother might not have known defendant’s position, but defendant, when he made the sale, must have done so. Therefore it was an unlawful preference, and on these twocharges defendant would he convicted. However justice would be done by recording a conviction against defendant. Defendant to come up for judgment when called upon.

J. Wenkhein v. David Miller. Claim £BB 14s for 444 weeks at 4s per week, rent for storing one turbine wheel, amalgam barrel, and concentrating machine, from May 7, 1889, to November, 1897. Mr Turton for plaintiff, Mr Macalister for defendant. The only evidence tendered was by that of plaintiff himself, who stated that defendant sold him for £IOO, as agent for the New Zi-aland Mining Association, a machine site, Maori Point, together with the battery and contents, save the turbine wheel, amalgam barrel, and concentrated machine, as per agreement produced. Plaintiff agreed to allow defendant to store this machinery in the battery, the defendant promising him that he would make it all right with plaintiff. His Worship nonsuited plaintiff with professional fee £4 8s 9d and costs of Court. David Miller v. J. Wenkhein. Claim £lO7 10s for retention of machinery, viz. wheel, amalgam barrel, and concentrated machine, £22 10s for belting and other parts of machinery, and £3O damages for retention. Mr Macalister for plaintiff, Mr Turton for defendant. Mr Turton said he was willing to give up the machinery, as he only held them for rent sued for in the last case.

Judgment was entered up for plaintiff. Defendant to deliver up to plaintiff the above goods within 7 days at the machine site, Maori Point, or pay their value, £65; also defendant to pay 40s damages for retention, and cost of action as follows: Court costs £2 10s, professional fee £1 13s 6d, witness expenses £3 16s 6d * in all £lO.

WARDEN’S COURT, QUEENSTOWN.

(Before S. E. M'Oarthy, Esq., Warden.) Collins v. M'Kinley. Suit for cancellation of extended claim, Shotover river.—Cancelled by consent of defendant.

P. M'Oarthy and others (Moonlight Sluicing Co. No. 2). Special claim, 77a, Moonlight.—Granted. The adjourned application for cancelling of last certificate for M. Griffin was again adjourned to next Court ; also application by M. O'Brien for same was also adjourned to next Court.