RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XII, Issue 274, 19 November 1877, Page 2

RESIDENT MAGISTRATE'S COURT

f Before L. Bboad, Esq., R.M.] Field v. Goilop. — Action to recover £34 ss, for use and occupation of the Criteron Hotel from June 13 to Nov. 1. The sum of £20 had baen paid into Court. It appeared that the hotel had beeu leased from Messrs Sharp & Co., who had since surrendered the property to Mr Field, tbe original proprietor. The reut paid to Mr Sharp was £30 per a .- num and 10s extra per hogshead of beer which was equal to au additional £15 per annum. On Mr Sharp surrendering the property Mr Field claimed £90 rent, which, it was argued, was a fair iuterest on the value of the property.

His Worship said that a per centage on the value was not a fair way of arriving at the rental. The whole question was what was a fair sum under the circumstances. It was nofc unfair to assume that as the plaintiff had allowed defendant to remain on the premises fortwenty weeks without making any fresh arrangements, the latter would understand that he was remaining at the original reut. The defendant, he considered, had paid enough into Court, but as it was not paid in time he must aiso pay the costs amounting to £*** 7s.

Ilooper & Co. v. E. L. Shaw.— Judgment summons for £1 9 2s 6d. Mr flodson appeared for the plaintiffs but seemed to be unprepared to prove that defendant was in a position to pay the money, whereupon His Worship said that in such a case where a proof of fraud was required, it was not right for the Court to point out to litigants the manner in which to conduct their cases, but they should ascertain from their solicitors what to do. The Act, however, further provided that an order might be made in the

event of the defendant not appearing, or not alleging any cause for his absence, which had not been done in this case. Mr Dodson said that the defendant occupied the posifcion of Resident Magistrate and Warden at Reefton, and had he nofc been in receipt of a good salary he shonld not have pressed him. Order made that the money be paid on or before the 10th of December, or defendant to be imprisoned for two months. A Pecoliab, Law. John Hyne, a Wakapuaka Maori, was charged with stealing a pair of scissors of the valne of 2s 6d, fche property of Mr F. Main. Mr Hough acted as interpreter. Prisoner pleaded guilty, bufc said he was drunk at the time. His Worship said that one of the peculiarities of our laws was that there was one for the Maori, and another fothe European. For instance, if a Maori, after being convicted of larceny, was to pay four times the value of the article stolen he was not to be sentenced. John, upon this being interpreted to him, sent out and borrowed fche money from a friend, as also an additional sum of 6s, being four times the value of a whip thong, which he was proved to have stolen from Mr Jones' shop.