WAITOA CASE

Te Aroha News, Volume XLI, Issue 6405, 20 October 1923, Page 7

WAITOA CASE

SHAREMILKER IN COURT THE PAYMENT OF DEBT On August 20 last Henry Hamilton Hill, of Waitoa, sharemilker, was ordered to pay to W. H. Milliken, of Morrinsville, £SO/10/3 plus costs. Before Mr J. H. Salmond, S.M., at the Magistrate’s Court, Morrinsville, on Monday, Hill appeared for examination as to whether he had had, since the date of the judgment, sufficient money to pay the debt. Defendant said he was a sharemilker for W. Harkness, at Kiwitahi, milking 30 cows and 30 heifers on third shares. A cheque for £l7 for August milking had been received by him on September 20th. Asked as to how long he had been in the present position, defendant replied “since January,” having in the early stages milked his own cows, which later he sold for approximately £IOO. With the addition of a £l7 bonus, he had, in all, received since January £134. This sum (after purchasing necessaries for his wife and two elderly children) had been utilised in paying off past debts. In reply to Mr McGregor (for defendant), defendant said the debt for which he was before the Court was for interest on a farm he held which went back to plaintiff. He had spent a lot of money on the place, erected buildings thereon, in fact all his money was spent on the farm, which in the end he was compelled to vacate. At the time of vacating he was 'heavily in debt, and as plaintiff, through his (defendant’s) efforts, had since sold the property at a high deposit, he (defendant) had discharged debts which in his opinion were of a more deserving nature.

The Magistrate, realising that this had been a case of» real hardship, asked the defendant how much he could pay per month. Mr S. S. Allen (for plaintiff) contradicted the statement that plaintiff had suffered no loss. Defendant asked the Magistrate, to name the amount to be (paid. Order was made for payment forthwith, in default 30 days’ imprisonment in Auckland gaol, .warrant to be suspended if the debtor pays £5 per month, the first payment to be made one month hence.

S. Beagley, farmer, appeared on a similar charge, the plaintiff being the same as concerned in the above case. Defendant said he was at present sharemilking, and had his wife, his wife’s mother, and five children to maintain. Should an order be made, he would be driven to bankruptcy, he said.

An order was made for the payment of £4 per month, the first payment to be made on November 15.