RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1338, 4 August 1883, Page 3

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

[Before J, Booth, Esq,, R.M.] C, A, DeLatovb v. Kexskth Kerb, This was an action |for alleged libel by the defendant against plaintiff, by publishing certain statements in a newspaper called “ Facts.” Mr. Rees appeared for Mr. DeLautour. His Worship said that he had been informed by Mr. Kenny that the case could not be heard that day, as the summons issued was not under the hand of the justice before whom the information was laid. Mr. Rees argued that at least the defendant should have appeared in Court in answer to the summons. The Bench: Yes, but it might then be said that by appearing in Court the mistake had been purged. Mr. Rees argued at some length to the contrary in his usual style. The Bench said he would prefer to get an opinion from the Law Officers of the Crown, before proceeding in the case. Mr Rees said, he would formally ask for a warrant in consequence of non-attendance. The Bench then refused to issue a warrant until advice had been obtained. The case was .adjourned until Thursday morning next. The case against Mr C. H. C. Webb, for printing the alleged libel, was dealt with similarly. Fbiday. C. D. Berry v. J. Sears. Mr Nolan for the plaintiff, asked that the case might be adjourned as there was not affidavit of service. Mr Finn for defendant objected, and His Worship adjourned the case • till Tuesday next, plaintiff paying costs of Court, dL‘2 Is. Edwards v. Hubble. No appearance of either party. Case struck out.

G, J. WISXEB V. W. PaBNBI,Tj. This wits a claim of £2 IBs, under the 42nd clause of the Volunteer Act, 1881. Mr Kenny for plaintiff, applied to have the case adjourned for a week, as the plaintiff was absent. Adjourned accordingly. J. D. Watts v. Kainuku. Mr Nolan for plaintiff, said in this case there was only one item in dispute, viz ; —1 pair of boots valued at IGs 6d, and which defendant had not paid. 'The defendant said he had paid for them by giving 4 bags of potatoes to plaintiff. Mr Nolan submitted that that could not alter the judgment of the Court for the amount claimed, That the 4 bags of potatoes should have been put in as a set off. Judgment for the amount claimed with plaintiff’s expenses. Rees, Wi Pure and othebs v. M. J. Gannon. Claim £5O 13s 9d for rent. Mr Hees appeared for the plaintiffs and Mr McDougall for the defendant. Great argument here arose as to thequestion of interest, Mr McDougall codtending that it was compound interest, and Mr Hees contended otherwise, and the interests claimed were those fixed by specific payments by virtue of the deed. Mr McDougall asked his Worship, as his decision on this point would give rise, very likely, to further trouble, to consult authorities before giving the same. His Worship said he would like to do so, and would thus adjourn the case till next Tuesday.