Supreme Court.

Manawatu Standard, Volume XI, Issue 1690, 21 April 1886, Page 2

Supreme Court.

Monday, April 19. (Bofore His Honor Mr jastice Gillies.) JENSSEN V. PERKINS. In this case lengthy evidence was given on both sides, the plaintiff's witnesses, Messrs Turner (manager Bank of Australasia), Snelson (auctioneer), and Hartley backing up the contention of the plaintiff that it was understood that thero was no restriction on the sale of the Kairanga Native Reserve, while Messrs Burr and Hawkins, senr. and jnnr., ; stated for the defendant that it .was ( known all along that there was a., re- ' striction over the land. After counsel j had been heard, His Honor addressed the jury at length on the evidence, and placed twoißßues before thein-(l)"Vyhether the plaintiff informed the defendant that I the Governor's assent was necessary ; (2) [ If not so told what damage had he suffered by the negligence of the defendant. The jtfry retired at 9.15,. and at midnight not beiny able to aejree, nor yet to obtain a three-fourths verdict, they were locked up for the night. . Tuesday, April 20th. Jensen v. Perkins.— On the jury being brought in they could not agree. His Honor said he was sorry they could not agree, as it would entail a fresh trial on the parties, but they had a duty to perform, and he had no doubt they had done so honestly. The)' were discharged from any further attendance at the sittings. His Honor said he supposed that the only course would be to adjourn the case till next sittings. Mr Hutchison pointed out that as the defendant was a . resident of Sydney, it would mean a fresh iourney to New Zealand within 6 months. He thought it might be taken at a special sitting with any business which might be left over. He pointed put that the rriles provided^it must be Jt'aken at the same; or fa speejujksitting. vlfis Honor on looking up the de- : Qided •that it could not be taken at that ;^iti|nfs ; It would be leit^to,ith> plain'tv^io 'take what stepsflfe^fihoYe* as to . bringing on a future action. Mr Barker' made application for some as to cb^ts, tW defeln.aittt^ldolils'ol 'having entered into ati agreement with plaintiff's counsel that as he 'was late with his pleading, he should bear the costs. They asked .as the defendant lived out of the colony'ioine ptofection should be granted for the payment of costs. His Honor decided that he had riot power to fere in the matter.* ; ?