RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1557, 16 September 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Wednesday, Sen, 15, 1886. [Before K. F. Gray and F. H. Barker, Es»qs., J.P.'s. CAXTIB TRESPASS. George Latimer, charged with having allowed a cow belonging to him to wander on the railway, was fined 10j. CIVIL CASE. Siegert and Fauvel v. J. Wright, janr.—Claim £l6 14s 2d. This was a case adjourned by the same Bench from the previous Court day on * point of law which it was agreed to submit (o the opinion of the Resident Magistrate. The point was that notice of the plea of bankruptcy had not been served on ths plaintiffs 24 hours before the daj appointed as required by the Act. Mr Tosswill appeared yesterday, and asked the Court to deal with the case. It was no excuse that the other tide wis not represented. Mr Gray said that the case had been adjonrned for the opinion oftheK.M. He had not given his opinion yet, and therefore the Court felt disposed to adjourn the case.

Mr Tcssvrill said ho would set aside tbe question that was to have been submitted to the K.M., and would ask tbeir Worships to give their decision on tbe facte of the case.

Mr Gray said that the Court had decided to hear the case. Mr Tosanill then addressed the Court at some length. Wright agreed to pay the money, and he held that this rendered him legally liable for it, He

quoted Chiity on Coutracts, page 183, to show that where a debtor promised to pay before his bankruptcy he whs held liable to pay, and that the same was recoverable in a Cfurtof Law.

Mr uray wished Mr Tosswill to quote some colonial authority on the subject. It was weil known that a man after having fi'rd w»8 financially dead. At the same tim« the defendant in thiscs6e had admitted having made promises to pay the amount.

/ The Clerk of the Court havingwhispered something to the Bench, Mt way said it was Mr Hamerslej's duty to have been present. He could not expect to drag people of business day after day to wait hie convenience. It was an set of discourtesy on the part of Mr Hamersley to absent himself. Mr Tosswill : It's just like Mr Hamersley. Mr Gray continued to say that judgment would be given for the amount claimed, less Si, and costs, including solicitor's fee. The Court then rogp.