R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 68, 16 February 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth, Esq., R.M.) YESTERDAY.

DRUNKENNESS. Henare Kaunone was fined 205., in default forty-eight hours’ imprisonment, for being drunk whilst in charge of a horse in a public place. LUNACY. A Native named Renata Hami was brought up charged with the above. Mr. F. Matthews, surveyor, stated that the Native was in his employ lately, during which time he seemed to be suffering from illness like fever, he being very weak, and at times almost delirious. Constable Tronson gave evidence as to arresting the accused. A man named Christian told him he had been doing insane things, and was of unsound mind. He brought him to town, and on the way he showed symptoms of weakness. This was all the evidence against the accused, and Sergeant Bullen asked to have the case remanded till 2 o’clock, in order that accused might undergo a medical examination. Remanded accordingly. W. ADAIR V. F. FRANCIS, Claim, £l3, for rent of the Sir George Grey Hotel. Messrs. Kenny and Turton for the defendant, and Mr. DeLautour for the plaintiff. W. Adair deposed—There was a lease of the hotel by himself to W. F. Francis. He had not got the lease. Mr. Kenny here stated that they denied the lease. The plaintiff said Mr. Nolan, the solicitor who drew out the lease, refused to produce it. Therefore he relied on secondary evidence. Mr. Turton said that secondary evidence could not be taken. The plaintiff said he would then ask to have the case adjourned till two o’clock to subpeenad Mr. Nolan. Mr. Kenny objected to this. Mr. Nolan said he would not produce the lease unless he got his costs. The lien on the bill of costs amounted to £lB odd. Francis was liable for the costs. The plaintiff said that it was a hard case for him, and the remand ought, in all fairness, be granted to him. After discussion, his Worship remanded the case till 2 o'clock. On resuming, the lease was produced, when it was found that several alterations had been made in the same. From the evidence, it appeared that the original terms of the lease was for £l6O per annum, rent payable monthly. It was then altered, by mutual consent, to rent payable quarterly, and lastly it had been altered, without the consent of the lessee, to “ payable monthly.” Mr. Kenny contended that the action of Mr. Adair, in altering the terms of agreement without the consent of the contracting parties had invalidated the agreement. If such alterations were permitted and recognised no one would be safe. Mr. DeLautour contended that the rent was due on the defendant’s showing. Supposing they were compelled to depend on the deed of lease it could not alter the circumstances of the case. It was useless to say that the alteration had vitiated the agreement. The rent had not been paid and his client was entitled to receive it. His Worship was of opinion that as the alteration in the deed had been made without the sanction of Mr. Francis, he did not think Mr. Adair could claim the rent only quarterly. He would give judgment for the £l3, and costs £3 10s. The Court then adjourned.