SUPREME COURT—IN BANCO.

Poverty Bay Standard, Volume II, Issue 185, 8 July 1874, Page 2

SUPREME COURT—IN BANCO.

(Before His Honor Sir George Arney, Knt., Chief Justice.) Weston v. Johnson and others. —| Mr. Rees for the appellant, and Mr. Hesketh for the respondents.—This| was an appeal from the Resident Magis-| trate’s Court at Gisborne, Poverty] Bay. The respondents, being the| owners of a run at Te Arai, a portion of which was occupied by the appellant,! sued Weston for damages to the] extent of £5O, caused by the setting! fire to fern. The defendant in the] lower Court pleaded that he had plaintiffs' instruction to bn~». _ tlqj! fern ; to which it was replied that the instructions were that Weston might burn flax when he could, but not to burn fern except in the proper season. The Resident Magistrate gave judgment for the plaintiff with £25 damages.—The appellant appealed on the ground that the instructions were in effect that he might “ bum off ” anywhere on the run. — Mr. Rees argued that the plaintiffs should have been nonsuited or judgment should have been given for the defendant, because some instructions were given and no proof had been offered that the lands burnt were fern lands. His Honor was of opinion that the appeal must be dismissed.'—Appeal. dismissed with costs.