RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume VI, Issue 51, 1 March 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before J. Sharp, Esq., KM..) Elliott v, Lloyd. This was an actiou to recover the sum of £50 paid by the plaintiff as purchase money of one acre in the No. 1 South claim, Wangapeka. The evidence was taken on Saturday last, judgment being reserved until to-day when his Worship delivered it as follows : — With regard to the first objection taken by Mr. Fell for the defendant, that I am an interested party, and therefore should not hear the case, I have already ruled against him ou that point, and am still of opinion that it cannot interfere with my jurisdiction. As to tbe point raised that the case involved a question of title to land, I consider that the facts disclosed do not oust my juris-

diction. It was also urged that the plaintiff should first have called upon the defendant to fulfil his contract, hut, with regard to this point, I am of opinion that there was no real contract in existence ; there was no identity of land, nor anything specific tbat could have been enforced by the plaintiff. The Supreme Court is already committed lo the decision that there are no lands, and under the words of the memorandum of purchase the Government has uot "coufirmed" and never will " confirm " the sale by the Waste Lands Board. Mr. Fell also attempted to show that the whole transaction was a speculation, but I think it was • a real speculation only as to the value of 'the purchase ; that the plaintiff, w^as to get something for his money, was certain. I am not disposed to allow interest, because the evidence discloses the fact that both parties intended to await the issue of an action in the Supreme Court, and there was clearly n tacit understanding that nothing" should be done until that case had been decided. Judgment will therefore be for the plaiutiff for £50, aud costs, £5.