SUPREME COURT- IN BANCO.
Saturday, January 26. (Before Ws Honor Chief Justice Prendergast and Mr. Justice Richmond.) HKN'ARE TOMONANA AND OTHERS V. JOHN DAVIES ORMOND. This was a demurrer to an action by several natives to recover back rents of land, part of the Heretaunga block, leased to Mr. Ormond iif 1869. Mr. Bell appeared for the plaintiffs, and Messrs. Connolly and Leo for the defendant. Mr. Connolly, in stating the case, said the declaration was to the effect that by a deed of lease made on the 3rd February, 1869, between plaintiff and nine other persons, aboriginal natives on the first part, and J. X). Ormond on the second part, in consideration of certain rout let to defendant a parcel of land for the term of nineteen years from the Ist January, 1869 —for each of the first eight years£9o 16s. Bd. was to be paid, and £lls 16s. fid. for the remaining eleven years, by equal yearly payments. It was further provided that if any portion of the rent remain 'd unpaid for six months after the time it became due, although no demand bad been made for payments, the plaintiffs might re-enter and determine. There was a further clause in the agreement relating to compensation for improvements. Plaintiffs now claimed £SOB 7a. 4d., being seven-tenths of eight years’ rent, together with £l4l ss. 6d. as interest. The defendant demurred on the grounds that he had purchased the shares of one of the lessors, and had so booeme tenant in common with the pldntiffs ; that the declaration did not allege that rent had not been paid to the lessors, other than the plaintiff’s; and that all the lessors were not joined as plaintiffs. After hearing the arguments of counsel on both sides, their Honors reserved judgment, and the Court adjourned until ten o’clock on : Monday.
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New Zealand Times, Volume XXXIII, Issue 5256, 28 January 1878, Page 2
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307SUPREME COURT- IN BANCO. New Zealand Times, Volume XXXIII, Issue 5256, 28 January 1878, Page 2
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