SUPREME COURT.—Civil Sit- Tings.

Auckland Star, Volume I, Issue 294, 19 December 1870, Page 2

SUPREME COURT.—Civil SitTings.

MONDAY, DECEMBER 19,

[Before His Honor Sir G. A. Arney and Common Jm-ies.]

The Civil Sittings of the Circuit Court commenced yesterday, when the following business was disposed of •*— Mr. Whitaker applied to the Courfc to fix the order of business, in order that juries might be relieved aa much, as possible from the necessity of continuous attendance during the session. The following is the fixed. There are three Common Jury causes—White v. Ipineha, G-ould r. Workman, Brown and another v. Te Kuti. These cases were taken at once, so that Common Jurors will be required to attend until the issues involTed shall have been determined. The special cases will be taken on Wednesday, when the Special Jurors summoned in the cause Horsefall v. Reid should be in attendance. On Thursday the case of Offord v. Williams will be taken, and special jurors summoned to try that cause should be in attend-

ance. White t. Tpinha and othebs. —Mr. ±severidgo couusel for plaintiff; Mr. MacCormick for the defendants.—This case had some rather novel features. The defendants are members of the Ngatiuwu tribe of natives, the plaintiff is Mr. William White, a very old settler and native interpreter. The claim was for £176 with interest, for services rendered to the natives in his capacity of native agent. The particulars were made up of items for money lent, money paid to the use of the defendants for the hire of horse, the engagement of- native interpreters. The authority creating the agency was a letter signed by three natives; but there was this peculiarity in the case : that some of the persons who signed the authority to Mr. White did not plead to the declaration. The particulars comprised the hire of horses, &c, to proceed to a sitting of the Native Lands Court at Matamata; fees paid to Mr. C. O. Davis and others, at two guineas per diem, amount in all to the above sum. The authority produced was a letter (in Maori), which appointed the plaintiff, and directed him to incur the expenses set out in the bill of particulars, and told the plaintiff to bring with him a "bold and honest lawyer," (Lmghter). —■His Honor: which is "the honest lawyer?"—Mr. MacCormick : I believe Mr. White was the bold and honest lawyer.—His Honor :. He should have taken his authority in writing from his several clients. The defendants are the lucky owners by Crown grant of the soil of the Thames goldfield, and the journey to Matamata was to pass through the Native Lands' Court the reputedly auriferous ground known as "The Aroha," at the head of the Thames. The defendants pleaded that they had paid the plaintiff £40 in full patisfaction of his claim. The plaintiff endeavoured to prove the joindrc of the several defendants, but he spoke with so much uncertainty that his counsel elected to take a nonsuit.

Brown axd Campbell y. Tb Kxtti and otiieb Natives.—Mr. VYeaton appeared for the plaintiffs.—The defendants did not appear nor put in an answer to the action, and judgment went by default. The amount alleged to be due was "set out us £188 7s. 2d. It appeared that the plaintiffs paid to a- person named Morgan, who had a claim against the defendants £160 for |the cutter Ariel, which was to be used in collecting kauri gum. The defendants were starving, and they undertook to collect the gum, but they abstained from fulfilling the. agreement. The amount claimed was made of principal and simple interest, £171 7s. 2d., and the remainder compound interest at 15 per cent. Mr. C. O. Davis identified the agreement entered into with the defendants.—Mr. J. T. McKelvie proved the advances made to the natives. They were made to assist the defendants, but they never came near after they got the money. —His Honor directed the jury to assess the damages. As to the compound interest, he cited a judgment by Lord Abinger, to the effect that in merchants' accounts, where interest was charged up to a certain date upon a certain balance, and that amount was carried forward to the next balance, such was compound interest. But there was no example of interest, much less compound interest, being assessed, as damages, upon a last balance. He thought the jury would be safe in assessing the damages at the amouut of £174 11s. 2d. .