MAGISTRATES' COURT.

Nelson Evening Mail, Volume XV, Issue 95, 21 April 1880, Page 2

MAGISTRATES' COURT.

[Before A. J. Richniond, W. Oldham, and . S. Kingdon, .Esqs., J: J.P.] Charles King Turner was charged with allowing one horse and one cow to depasture ■* on the Suburban North Road, and was fined 5s and costs. James" X. Little was charged with drunkenness on the 14th inst. The defendant pleaded guilty, but said that he had had a sort of a sun stroke, and that his conduct •was really attributable to that. Their Wor- ' ships requested to hear the evidence, whereupon Sergt. Nash deposed that he was on the Haven Road on the Uth instant a few minutes before six, when the defendant, who was driving, passed him. He was drunk, and was driving furiously. He. has a five horse that trots without breaking into a gallop, but he considered it ftirioiis driving. , In answer to their Worships, Inspector Acheson said tbis was the third charge which had been- 1 brought against the defendant within about four months, and that on: bia committing the next offence he would come under the Habitual Drunkards' Clause. The Chairman said the Bench was very sorry to see a man ol the defendant's position., and education in his then position. Tbey should fine him in the full penalty, 20s and costs, and they, warned him that if he again came: . before them. bis punishment would be. very much more-severe. W. H. Harvey v Powtll. — This was an action to recover I,os '6-1 poundage fees; incurred.by the 'plaintiff thr6ugh the alleged wrongful abt of the defendant, and also £5 for damages. Mr Bunny was for the plaintiff and Mr Moore for the defoudaut. It appeared from Mr Bunny's" opening pf the case that the plaintiff had arranged through Mr Rout to rent 50 acres of land situate afc Suburban North from the defendant, and. that he took possession of the land,, placing thereon a horse;? foiftl, and cow, but apparently the defendant had repudiated the arrangement, and had pounded the cow for which action the plaintiff .had been put to the expense named, and the plaintiff also claimed £5 for. damages sustained by bim. ■Mr ' Moore at ouce applied for a ndnsuit on the ground that this Was an action respecting the title of land, a, matter not competent for that Cohrt to deal with under the 19th Section ofthe Resident Magistrates' Act. Mr Bunny said that he could prove the defenant had given possession of the land, and if Mr Moore's objection were to bold good it simply meant that no action of trespass could be brought, whereas he could refer to hundreds. They were simply going for trespass and did not raise tha question of title. ' : Their Worships intimated that the case »hou!d be proceeded, with whereupon Mr Bunny called ! William Henry Harvey, who deposed: I .formerly resided afc French Pass, and in February la9t I had communication with Mr Itout as to renting the defendant'-* land at Suburban North in conjunction with my 'brother-in. law, R C. Turner. I received ;the letter produced dated' Bth Marcb, in ;wbich Mr Rout wants £50 a year rent. On ithe 23rd March I signed a document agreeing to pay £50 a year for _ years. Ihe land contains 50 acres. Mr Rout also signed a [document agreeing, as Powell's ageut, ,to let 'the land as mentioned. On the _Ist March John Powell confirmed what Mr Rout had done. On the same day with a man named Scarlet and Charley Turner I went to Powell, and I said I might as well take possession, and I turned a horsa apd foal in, and he made no objection. A week after the [horse and foal was turned out, and a cow whicb wm turaad oui on th. 2nd April was impounded. I paid 10s 6d for poundage fees, and I hava no stock running there now. By the Bench : Powell gave me notice .'that he should turn the slock out, but he turced the cow out befbre he gave notics. I have paid a pound as instalment of rent Cross-examined by Mr Moore. When Scarlet, and I saw Powell he made no objec- : tion to my putting the animals iv. He spoke, but I don't remember what he said, [went to take possession. I don't know s 'that I arranged with Mr Rout as to taking .possession. Powell did give me permission to put the horse in, but I don't remember his words. I don't remember whether he said anything about giving half the land. I ■hive not "had any conversation with him about taking half the land that I- remember. jPowell occupies the house, aud there are cattle and horses on the land, which I suppose beloug to him. There were cattle and horses on the laud before I agreed to rent it. Powell gave me possession. I saw him in hi? house, it might have been in ih? evening. It was not dark. I paid the £1 to Mr Rout. Re-examined by Mr Bunny. I had very little, to do with it. Mr Rout did .the business. W. Rout, land agent, deposed : I was acting as agent for Mr Powell for the letting of tho land. Messrs Harvey and Turner saw me and offered £40 a year, but Mrs ; Powell wanted £50, and ultimately this was agreed to. It was arranged that if Harvey liked to give £50 a year he was to have poai session on tho 24th. Mrs Powell then came . down and Said they didn't see how they could give up possession. I got Powell tv ratify what; I hadrdone, but Mrs Powell raised obstacles to giving up possession, and it was * ultimately arranged that Harvey was to have possession cf half the section. . . ! . Mr Powell verbally agreed to accept Harvey as a tenant, and to give him possession of half the section and Harvey allowed this to oblige Powell till be could get another place. By the Court : I took £1 on account of rent. Cross-examined by Mr Moore : On tbe 31st March I got Powell to ratify what I had done to prevent being put in a false position. I don't care whether they carry out the agreement or not. I thought it possible Mrs Powell might break through, and I was not going to be played fast and loose with. Certainly Harvey ought not to pay full rent if Powell is to continue in possession of the house and part of the laud. By Mr Bunny : Mrs Powell appeared to be the- managing director in the Powell family the grey mare was the better horss. Daniel Scarlett deposed : I know the plaintiff and defendant. I was present when Mr Harvey went to Powell and asked if he wouldgive possession. Mr Powell said Yes, and Mrs Powell said only half of it. Mr Harvey then turned the horse and foal on to the land. By Mr Moore: It was about seven when we went up to Mr Powell's. Mr Harvey asked Hie to go up as a "witness. This closed the plaintiff's case. Mr. Moore again asked for a nonsuit, conI tending that the question was as to the title I to laud, and that undsr Section 19 ofthe ; Resident Magistrates' Act the Court had no jurisdiction. Their Worships atafd they thought they , had full power to deal with the case, whera \ upon Mr Moore called John Powell, who deposed: I remember Harvey and Scarlet coming on the evening ;of the 31st March. Harvey said' he wanted ; possession of the land, and' I said I could only give him possession of balf, and that he ; should not have all. lam still in possession •f tha house, and I have 10 head of cattle : runaing on the land. I remember going to \Mr Rout's office and signing a document. I ! thought it was for letting half the land. j (Mr Rout: This is too much. I read it over to him.) Harvey said if he had possession of half of it he should have possession of all. lam still in possession, and have signed no lease. . Cross-examined by Mr Bunny : I thiak [ I Mr Rout said ho would not a.t again till I j

signed that paper. Mr Rout read it over. I am a bad hand at reading writing, and I did npt understand. I surprised to see Harvey when he came,'. I- did not see the horse there till the next morning. : I don't know that I gave him possession of half the land, I received two or three letters from ' Mr Rout. ..-■•■ Re-examined : Nothing was arranged in Mr Rout's office about possession. This finished the case for the defendant, and the Court then awarded Harvey the 10s 6d he had been out of pocket Jand costs £3 18s, and in answer to a question from Mr Moore as to whether their Worships found that the p?aintiff was in possession, the Chairman stated that on the evidence they had come to the conclusion that Harvey had taken possession of half the land.