SUPREME COURT—Civil Side. Monday, March 8, 1852. Before His Honor the Chief Justice. Rathbone v. Thompson.

New Zealander, Volume 8, Issue 616, 10 March 1852, Page 2

SUPREME COURT— Civil Side. Monday, March 8, 1852. Before His Honor the Chief Justice. Rathbone v. Thompson.

This was an action to lecover possession of ceitam (roods and chattels of the plaintiff, which were in defendant's house. The defendant admitted the possession of the goods, and justified his detention of them on the giound of u lien for £6 16s 9d M the balance of an account for boaul and lodging, and other ai tides sup-

plied by him as Innkeeper to the plain iff from the 271h Oclobct tv the Mill December, last The plaintiff lephod that the defendant at the tune of his so detaining his goods, refused to furnish him, with an account of the amount in icspect of which he claimed to exercise his hen. There weie six witnesses examined for the plaintiff, and two for the defendant. The evidence on the whole went to show that the defendant, Thompson, who is proprietor of the "Ospiey Inn," had acted in an arbitrary manner towards Rdthbone the plaintiff, who had been a boarder at that Inn, — fust, in demanding, tinder a threat of publication in the local newspapers, immediate payment, of a balance of account, particulars of which he refused to furnish Rath bone, who was doubtful of owing anything to the defendant, having a short time previously overpaid his account by several pounds; secondly, in ordering Rathbone out of the house and advertising his clothing for sale in both newspapeis particularizing Rathbone as " late of Liverpool ;" and subsequently in withholding all his effects, necessa>y to his convenience — and at last diiving him to the Supreme Court for remedy. Verdict for the plaintiff, £50 damages and costs. The Attorney -General and Mr. Maiston for the plaintiff; Mr, Whitaker for the defendant. This was the only cause -for trial at this sitting.

The Band of the 58tli Regiment, by permission of His Excellency Lieutenant-Colonel Wynyard, C.8., will perform the following selection of music, in the Grounds of the old Government House, to-morrow (Thursday) between the hours, of 4 and 6, p.m. PROGRAMME. Overture . . 0p . . " Les Diaraans de la Couronne" Auber. j Mplange.. ..Op " The Bohemian Girl" Balfe. Recit. c Caw. ..0p. ." Eliza o Claudio". ..Meicadante. Cavatina'. . Op. ."Somnambula" •' Di Raviso". .Bellini. Waltz "The Nightingale" Jullien. Ballad " Molly Bawn" Balfe. Quadrille " The Real Scotch" Jullien. Ballad »u . . " There is a flower that bloometh" .... Op. Maritani. . . .Wallace.