District Court.

Southland Times, Issue 4965, 26 June 1884, Page 2

District Court.

Wednesday, 25-ih June,

'-. (Before His Honor .Judge Ward.)

- CIVIL SITTINGS. His Honor took his seat at 11 a.m

THOS. BARRY V. SOUTHLAND COUNT? - COUNCIL. This was attraction under the Contractors' Debts Act, 1871, to. recover the sum of L 23 for which judgment had been got by the plaintiff against Ch as Douglas, a contractor under the present defendants, in the. Resident Magistrate's Court. Mr Rjussell for the plaintiff, and Mr Wade for the defendants. I—The1 — The only point before the Court was whether or not a certificate from the Resident Magistrate had been properly served on the defendants in accordance with • the provisions of the Act.— Mr Russell tendered his own evidence, and deposed that he had served the notice fiom the workman, along with a number of others, on the County Clerk. The certificates from the Magistrate were in the possession of the clerk at the time, and witness said, " Now, you have them . altog'ther."—Mr Wade admitted that the defendants had money belonging to Douglas in their possession. They only desired to know who was legally entitled to receive it.— R. P. MacGoun, County Clerk, deposed that he had received from Mr

Russell a batch of certificates signed by the Resident Magistrate, among which was one in connection with Barry's case. There were no notices from the workmen with them, but he afterwards got the notices. There was no such transaction as the certificates being handed \ back to Mr Russell, and subsequently served on witness together with the notices.— HisHonor- thought the service of the certificates 4 and notices h"d been properlj made, although he c»»:i---sidered the Council were quite justified in bringing the matter into Court, th? rasi •being of a very involved nature.*'jTill^ment was given for the plaintiff, with costs, L 4 16s. H. IRVING V. SOUTHIiAND COUNTY COUNCIL*, This was a case in which L2grfs^3"wai claimed on similar grounds, tiiie pnlyTdif^ ference in this being that the^fwo'fkmap 'all notice had been signed by bieWieftbrs^onl bis behalf.— Mr Russell for Ah& plaintiffand Mr Wade for the defendant— After* argument his Honor held that signature of the claimants agent was sufficient, and gave judgment for the plaintiff, with coats, n L4l9s. -'■ r? - .'.-;...