RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 968, 10 August 1881, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Tuesday, August 9th, 188 hr [Before M. Price, Esq., R.M.] Krippner v. Matthews. His Worship delivered judgment in which was reserved from last Tuesday, to allow time for a consideration of the clauses of the Native Lands Acts. It appeared from tbe evidence given at the hearing that Mr. Matthews sold to Mr. Krippner liis interest in a survey contract of the Mangatu No. 2 block, for considerations which, however, formed no part of the present dispute. Subsequently to the closing of the bargain between the parties, Mr. Krippner was informed by Mr. 11. Baker, Inspector of Surveys, that the survey must be stopped, as he bad given no authority as required by the Act, and certain questions were officially pending, that rendered it difficult for him to say when he would be in a position to issue the authority. In the meantime Mr. Krippner had organised a survey party, and had lost some three weeks’ time and expenses, for which he sought restitution. His Worship was of opinion that as no survey can take place without proper authority, it was a question whether Mr. Matthews, not possessing such authority, bad any right at all to dispose of in the contract. He thought he had not, and that the plaintiff was entitled to a refund of the money actually paid, but had no claim for the expenses incurred, and entered up judgment accordingly for plaintiff for £4O and costs. Mr. Matthews gave notice of appeal.