MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume XXX, Issue 8452, 17 May 1906, Page 5

MAGISTRATE'S COURT.

MASTER TON—THURSDAY. (Before Mr W. P. James, S.M.) A civil sitting of the Masterton S.M. Court was held this morning. Judgment was entered for plaintiffs in the following unde fended cases:— James Andrew v. James Burling.--Claim £4 15s, costs 13s. W. J. Hirschberg. (Mr W. G. Beard) v. William Summers.—Claim £11 9s 9d, costs £1 12s 6d. P. Hamill (Mr C. A. Pownall) v. Alexander Collie.-Claim £4 12s, costs 10s. A. C. Major (Mr Beard) v. Joseph Harrop. —Claim £10 2s, costs £2 3s 6d. A. C. Major (Mr Beard) v. Brian Weller. —Claim £2 lis 6d, costs 14s. R. K. Jackson v. Rhoderick Robert Dunn. —Claim 16s Id, costs 7s. »H. T. Wood (Mr Logan) v. Samuel Burton, claim £1 Bs, costs ss. Webb and Millar (Mr Beard) v. Wallie Thompson, claim £4 15s, costs 10s. Webb and Millar (Mr Beard) v. G. Russell, claim 10s, costs ss. Ah Lin v. Thomas Lee, claim 15s, costs ss. Harry Turner v. James J. Kennedy, claim £10 10s, costs, £1 12s. JUDGMENT SUMMONS.

Holloway Bros. (Mr Logan) v. William lloreland (Mr Pownall), claim £2 14s. Judgment debtor, a carpenter by trade, who is in weak health, showed by a statement that he had averaged in earnings only £1 6s 6d a week since the judgment, and had a wife and child to provide for. The S.M. declined to make an order.

DELAY IN SERVICE OF A SUMMONS. Mr C. A. Pownall, acting for plaintiffs in the case of J. Payton and Co. v. J. C. Cooper, claim for £29 12s, asked the Court's permission to mention that inexplicable delay had taken place in serving the summons on the defendant, and, as the case was rather important, it was desired to have the matter adjudicated on at an early In order to secure the service of the summons, mileage had to be paid, and it was reasonably to be expected that ordinary diligence would be shown. Mr E. Rawson (Clerk of Court) explained that the summons had been sent to the Ekelahuna constable for ssrvice, as defendant was a settler in that district, and it had been returned with the others unserved, without comment. The summons was then re-directed to the Eketahuna constable. Mr Pownall remarked that it would be six weeks after the issue of the summons before a hearing would be practicable. Defendant, he said, was a well-known resident, and he (Mr Pownall) had,himself seen him in Masterton three times since the summons was taken out. He exonerated the local officials from blame for the delay. The S.M. said he failed to see any difficulty, in the way of serving defendant with the, summons, and admitted that the delay appeared unnecessary. ; Mr Pownall said he would wait to see if the summons was issued for next Court day, and would then consider whether he would allow the matter to drop.