RESIDENT MAGISTRATES COURT.

Poverty Bay Herald, Volume VII, Issue 1081, 29 July 1880, Page 2

RESIDENT MAGISTRATES COURT.

(Before M. Price R.M., 1?.. W< -j^rteiv, and J.B. Poynter, 3. -3?% .- At/LBCtBD PeBJIJRY.' •"" • W. L. Williams, deposed } I am Clerkin Holy "Orders, and was in January last trustee in Read's estate. I remember signing, the cheque produced to take up a dishonored P. /N. I believe the amount was charged to yovrr.. account. By Rees i There are other amounts charged, to hfs account. This amount was nbt paid by Cooper while I was trustee. . ,J. Coleman' deposed i I am an ac-cpußtatlt-in'the employ of the trustees .in Read's estate. I know the P./N.It -was dishonored when . J a cheque was given to you, which was charged to your' account. ■ Read's trustees sold the* P./N. to Mr. Rees. .-The consideration is shewn in the contract. v> (An elaborate and lengthy deed dated 18th Aj>ril, was put in and read, conveying to Mr.'W. L.' Rees and Wi Pere for the sum of £28,400 all rights of Robert Cooper in' and debts due by him to Read's estate.) I have not debited Messrs, Jlees and Wi Pere^ with your debts. The whole of Cooper's account has not been 1 'charged to Messrs. Rees and Wi Pere. It remains to Cooper in the books. It is not set out in the agreement. I did hot credit you in the books with the amount of the P./N. I did not think it necessary. I handed the P./N. over by the 28th May. I debited him with it soon afterwards. I believe this amount was included in the P./N. on demand for £26i-OQO, but of my knowledge; I do not ■ know. I don't know whether you were sued px the Supreme Court" for' this amount and judgment obtained. . The,, account produced has been. rendered as R. Cooper's account.. .'The entry of the P. /N. to Rees'' account was made about the 29th May. I don't kno# how ReSd's estate came in possession of the 'cheque of youra to Tut« Nihonihp for £225. This also was debited on the same date. Cross-examinsd by Mr: Rees : The npte arid cheque were delivered to you as part of the property purchased by ; yon and Wi Pere from Read's Estate in the of the 20th April, 1880. The proof of debt marked , " G " was filed by me in order that when' Wi Pere and yourself finished your part of the contract, you arid he might ifeoeive the dividend from the estate of Robert Cooper. Mr. Skipworth and- 1 assured you on the 28th of May, that so far as the aocount showed, and' as far as we knew, the cheque and the note had not been paid to Read's Estates by Cooper. Mr. Skipworth said ttiß* .the oheque for £225 had been sent tb Read'B trustee along with tender for grass- *eed at the Willows estate: . Jt ihajgejgJQg^ h^ard. that it was- to jo£ the price or" rale grass seed. Cooper was riot- paid; ''any? portion of the £28/409. f.-I (Bfljiterflßd =jbhe P./N ? to you ..r.e.cpurse." . I believe I had a v pejcfebt right tp^atiia the cheque over t 6 you, aria endorse the -P./N.' on behalf of the trustees. - 1- did not know it had 1 been^inoluded in any jotherVP. /N. which Go^)BK f had .i given. Neither of' the notes have - beenipaid4>y Mr. Cooper. As a matter of faot, Wi

■ ' - :: .i. .a' .x& i~T Pere and you have been performing portions of the contract of the 20th ApriL Large sums have "been'paid to you'andT "Wi sunder the :. contract. On the 28fch May the trusfees •were =4nd^bJtedy to you lor law costs. ''You ceased! 'in banktiiptcy prbceedingK against Cooper when 'my' brother •■cam,©-d own. Mrr^oop©P"Was..adin.d^cated a bankrupt on the petition of the'tniitees".' s**'5 **' '*■•: By the Benchgr In the.ordinarypourse of-book-keeping this amount Should have been credited to ""'"flome other account. The- explanation, I have got from the office is that it : wai( tendered; for grass seed, but it was held + over. I" believe it had not, during Mr. Lawrence's time, been presented. If the cheque had been paid, it would have . : been credited not against Cooper, bat against the Willow's property grass seed-account ■ You requested to obtain the P./N. and r cheque as a part of Cooper's estate in order to prevent him squandering the property and saye. it for the Creditor's by adjudication in bankruptcy. E. ff. Ward,,. solicitor, deposed : In December last I was actitig 'as^ solicitor to Read's trustees. I recollect you; signing a bill on demand £26,132 11s 7d. : 1 drafted it. It was au ; . acknowledgment of the account, to date. r,.:. The. account was furnished and included certain cattle bills'; whioh McjsJJfwwre.nce had endorsd. I believe the P./N; produced was included in the amount.. On resuming after the adjournment; Mr. Copper asked leave to withdraw the •charge. . The Bench said he had no power to withdraw ; if he had no further evidence he must say so, and leave the case to be dealt by the Court. -. Mr...CapDer said he had no further evidence to offer. Mr. Rees requested to make an application to the Bench. He would have no possible civil remedy against the prosecutor j and if the Bench decided to ' dismiss the "• case, he would ask them, and he thought he was entitled iii doing so, to give such a decision as will show that -the charge was altogether unfounded. ' The. Bench wdiild see'that it was. perfectly %sele^>;"tol3¥tojße^d! against the prosecutor f6'r'datna^B";^ : ■ The.Bench'retire'd'fer a few' minutes, and pn returning they announced ; that the caße:was dismissed.-- : . ■;. -jj.,...,. ;

'■ '!.;This Day. ' Vf- :j/ '---?f | 'pßefbrS|^i; : Price, Es4., R.^M.) "' " PV B, Pfinting Co; v. H. Evans. \ Claim £4 10s. This was an application' for a speedy hearing. Judgment for' amount claimed with coste. ; ' ; ;; TSrbacH "dv :< - 'J, Somerville and:J. -HaU K were .charged mQx' riding on the footpath.- Both, were fined, but Mr. Rees happening to men-, tion that both were riding the same horse .the fine against the latter ..was erased. ••-.".. Mr. J. Davis was also charged ,,w ; ith; t a similar offence, but the charge wwari r .dismi3sed by the bench, who remarked tnat; as the footpath on which, defendant was riding was' newly formed, that.a. notice, should hare been put up, <jau|ipniiig people. The oase against A. SomervUle, ! was recalled, and dismissed on., similar grounds, ■ „ . .

(( I know a victim to' tobacco, ":4ja\4a lecturer, •" who hagn't' tasted, fip^d |qr/v thirty yearsf' '"" flbw d"o ybil knowie hasn't ? " asked an auditor. ' BecAlse tobacco; killed him in ; 1850," was? the ■ replyi '''." •"''-■■ ■' " . ""' ?'■■ "■'■ •' ' •"* w-' f V