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NEWCASTLE POLICE COURT.- iTurns day, Aiiiii. 1X7:5.Before Mr. Scott. P.M.8TRALIXG FBOM TIIR FI HRHarriet Amy Owen was charged vrith haring, on the 30th ultimo, stolon u nipple glass, a hero- . ■one ltunp, ami n quantity of crockery, froiu one Joseph IlollinshcaU.The hearing of this case having been com- • mcncod before Mr. Henry Stokes. J.l*.. and Mr. Scott, P.M.. was postponed till Friday, the l:h . instant, to obtain the attendance of Mr. Stokes, who had to attend the inquest on the late lire in Hun ter-street.IKTKBPLRAPEH.The plaiutiil'iu this suit was Mr. W. Chippendale, for whom Mr. Chambers appeared ; I ho , defendant was Mr. Sydney Maxted. Mr, le ader appeared for the claimant, Mr. Kdward (irevillc, of Sydney.It appears that at the last Srnnll Debts Court. Mr. Chippendale obtained « verdict against Mr. Sydney .uaxted. The plaintill' distrained upon the ellects ol the defendant, which were held by Mr. (Jrevillo, uuder a bill of sale.This bill of sale, although registered in the Supreme Court, us provided by the Act, lit Vie., was not registered in the local Small Debts Court, under l«Hh Vic.. -No. I'J.The question raised for ih-i decision of their Worslnpit was, whether the registration of I In-bill ol' sulc m the Supreme Court was in itself sullieieiit to luuke tiD' bill ol sale good. °r whether it was necessary that the bill •• sale should have been registered in the local Small Debts Court, in addition to the registration in the Supreme Court.Mr. Leader, fur the claimant, argued that the Act, Uhli Vic., sujKTOeded the old Act, Vic.. No.Ilt;», which luid been passed nine years previously and previously to the parsing of the Dill of Sale Actalso that the registration in the Supreme Court was the most public registration possible, and that, being registered in the Supreme Court, . it was not necessary that the bill ol sale shouid Ik? registered in the local Stiuill Debts Court.Mr. Chambers, for the plaint)!!', replied. arid contcudeJ tliat the Act. l'Mu Vic.,No. lo. wua not ( repealed by the passing of the Act L'.Uli Vie., and that this Act, loth Vic., clearly stated that tlie bill of sale must be registered in tliu local Small Debts Court. There had been no sucli registration, as admitted by the solicitor for the claim-aut, and. therefore, he must get a verdictMr. Leader ryplied, and stated that, in the event of their Worships giving u verdict against him, he would give notice of appeal.Their Worships decided that the hill of sale should have been registered iu the local Small Debts Court, as provided by loth Vic.. No. 10., as well a* in the Supremo Court, und that, therefore. execution should issue.Mr. Leader gave notice of appeal to the Supreme Court.
Newspaper Details
Newcastle Chronicle
Newcastle, New South Wales, AU
Sat, Apr 05, 1873
Page 2
Full Page
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USA 03 Aug 2022
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