DISTRICT COURT.

Taranaki Herald, Volume XXXI, Issue 4520, 10 December 1883, Page 2

DISTRICT COURT.

Monday, December 10. — Before his Honor Mr. District Judge Rawson. MARY rOWELL V. .1. W. FOOTE. This case had been adjourned from last Court day for tho purpose of allowing the plaintiff to amend tho declaration. Mr. Standish appeared for the plaintiff, and Mr. Samuel for the defendant. Mr. Samuel said that on the last Court day he had made an objection which was held to bo good, and the plaintiff was granted leave to amend on payment of tho defendant's costs. The costs had not been paid, and as the payment was a condition prccedtnton the amendment beinggranted, he would therefore apply that the case be dismissed. Mr. Standish considered that his learned friend was joking. The money was ready for the defendant i£ he had asked for it, but as the defendant owed a large amount of money to tho plaintiff he did not consider it was necessary to pay defendant's costs in money, but they could bo allowed for out of the debt. Mr. Samuel : Really, your Honor, how can non-payment be pleaded as payment. There is no money admitted to be duo by the defendant to plaintiff, and of course payment cannot be made in that way. My learned friend has not chosen to pay the costs, and his excuse that it would have been paid had I asked it is absurd. The amendment was granted on a condition precedent that the costs should bo paid, and therefore the amendment could not be made until then. Mr. Standish : It is really trifling with justice to make an objection of this kind. lam astonished that my learned friend can keep a serious countenanco and make such an application ; altho' I know he is usually good at keeping a serious countenance. His Honor said that the payment of the costs was a condition picccilent to tho amendment ; but as it was a Court of summary jurisdiction, if tho money was paid at once tho case could proceed. Mr. Samuel : As this is a caso in which tho defendant is pushed and persecuted almost to his ruin, lfeel justified in taking advantage of every technical objection that can be raised. Mr. Standish : The defendant is not persecuted, on the contrary he has endeavored to evade tho puyment of tho debt, by giving a first bill of sale to another person, when tho plaintiff should have had the first bill of! sale. His Honor : The caso cannot go on until tho costs are paid. Mr. Standish : I will do so. I will givo a cheque at once, if tho Court can furnish mo with a cheque. The clerk went for a cheque, but failed to obtain one. Mr. Standish : I think I lmvo got enough money in my pocket. Yes, there it is. [ Throwing tho money across the tiblo to Mr. Samuel.] Ilia Honor : Now, you arc ut liberLy to proceed. Mr. Samuel then handed in a statement of defence. After further urgument on the caee, the Court udjouruud until 2.30 p.m.