RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 597, 28 November 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., E.M., J. Blacklock, Esq., J.P., and D. M'Arthur, Esq., J.P.) MONDAY, 26th NOVEMBER. David Heggie was charged, on the information of Thomas Eobinson, with unlawfully occupying a section of land at Eichmond Grove, the property of informant, without right, title, or license. Mr Haryey appeared on behalf of the the informant, and Mr Macdonald for the defendant. Thomas Eobinson, the informant, deposed that in the month of March, 1862, he gave a portion of the Richmond Grove estate subdivided into allotments into the hands of Mr W. H. Eobertson, "formerly an auctioneer in Invercargill, for sale. A number of the sections w-.-;re sold by Eobertson, and the puicha^emoney not accounted for to witness, although he signed the conveyances. The aliotmont upon which defendant had settled was never sold to defendant by the witness, nor by Eobertson, as his agent. Witness believed Eobertson had purchased the allotment himself. A conveyance to Eobertson was tendered to witness fcr signatnre, but he refused to sign it- until he received the purchase money. "Witness was afterwards applied 1 to to sign a conveyance to defendant, but he refused to sign it also for the same reason. Witness had not been informed that the allotment had been sold to dei

fendant until he waa asked to sign the conveyance, ln cross-examination, tho witness stated that the conveyance were presented for signature about three years a«?o. Defendant had been in possession of the land about two years, and had put up a amall cottage, and fenced and worked the land. "Witness gave him notice to quit in October last. "Witness resided in the neighborhood, and when the house was being put up told Mrs Heggie it was no use to do so, as he would not sign the deed. Defendant was not present then. Did not tell Mrs Heggie in the presence of Mr Stuart, that he could take possession ofthe land. For the defence Mary Heggie was called, who deposed that she purchased the allotment of land No. 20in disputefrom "Robertson, the auctioneer, who had them for sale and he stated to her the allotment belonged to himself. The price was £45 and witness paid £35, the balance £10 was to be paid on the completion of the title. A memorandum of sale produced was given by Eobertson. Witness afterwards saw the informant, and he looked at a list and said Robertson had bought sections No. 18 and 20, and it was all right. The land was occupied by defendant in March 1864. The informant was aware of possession having been taken, and defendant was cautioned by him not to set fire to the bush. He (informant) said nothing then about removing them, and they lived on the best of terms until he gave them notice. Cross-examined : Eobertson did not say when we were putting up the house that we should do it at our own risk. Never heard he would not sign the deed until witness went to ask him to do so. He went with witness from his house to Harvey and Stuart's, to sign the deed, but there refused to sign it, as there was some disagreement between himself and Eobertson about the purchase money. The defendant, (David Heggie) made a statement to the effect that he took possession of tbe prooerty 3 years ago, and in clear ins: the gronnd, set fire to some scrub. Complainant cautioned him not to set fire to the bush, but made no objection to his beins: there. Mr Stuart, Registrar of Deeds, produced the memorandum of sale referred by Mrs Heggie. Counsel on both sides having addressed the Court, the Bench decided that the complainant, in allowing the defendant to remain on the land for a period of 3 years, without taking any steps to remove him, amounted to a license to occupy, and as such license was prima facie evidence of title in the defendant, the case was out of the jurisdiction of the Court, and the information must be dismissed. A case of a similar nature against James Hayes by the complainant in the above case, was dismissed on the same grounds. I A person of unsound mind was brought j up in custody, and on the medical testimony having been taken as to his insanity, he was duly committed to the J Lunatic Asylum for safe custody.