RESIDENT MAGISTRATE'S COURT.

Wanganui Chronicle, Volume XXIII, Issue 9456, 22 July 1881, Page 3

RESIDENT MAGISTRATE'S COURT.

* . Thursday, 21st July. 1881. (Before E. Hardcastle, Esq., K.M.) Drunkenness. — Two Maoris, Kereti and Hemi Wirimu, and a European,Michael O'Brien, were each fined os or 24 hours' imprisonment for this offence. Inteeplkader Summons. — Marcus A. Neill v. "Win. Gardiner, sen. — Mr Barnicoat for the claimant (Win. Gardiner, jxiur.), Mr Hodge for the judgment creditors. — Win. Gardiner, junr., deposed that he lived in Wanganui with his father. A short time back he found the bailiff in possession of some property in the house in winch they dwelt. The bailiff told him he seized the goods under a warrant issued against witness's father. Witness then claimed the goods and paid the value of them, with costs, to the bailiff; The lease of the ground had J been taken out by witness in his own | name from the Borough Council^ and he '

paid for the erection of the house, having borrowed £100 from the Building Society. The movable property in the house, which was seized, was witness's property, he having bought and paid for it with the exception of some articles which he had made over. — Crossexamined : He came to Wangamxi three years ago, and had had constant employment at from 10s to 12s per day ever since. The house which he put up was worth £150. At present he was working for his father, who had a contract to build a house for Mr Nathan. — Wni. Gardiner, 6en., defendant in the case of M. A. Neill, lately heard in this Court, deposed that there was no property of his in the house in which he dwelt. It belonged to his son. — John Eendell, bailiff of the Court, stated that be had seized the goods in question. He had seized the same goods on a fomier occasion under two distress warrants issued, one against the father and the other against the son. On that occasion the son claimed the goods and paid the execution. — Mr Hodge contended that the goods seized belonged to the father, or were at all events in joint possession, and were lawfully seized. — His Worship ruled that the goods bought by Win. Gardiner, sen., were liable to seizure, and that it was for him to show that they had deteriorated in value, which he had not done. The amount paid to the bailiff would therefore be handed to the judgment creditors.