RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume XII, Issue 3902, 1 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY.

(Before H. Kenrick, Esq., K.M.) MCILHONB Y. EEHA APEBAHAMA.

Claim, £4 10s, amount.of I.OiU. Mr Brassey for plaintiff; and Mr Camp* bell for defendant. : '

John Blain, deposed he was Native Agent, living in Shortland, and was in Mr Brassey's office one day last month. He remembered Reha signing some paper, which he thought Mr Btassey gare him. He did not hear Mr Brassey tell the native what the paper was. The native seemed in a hurry when he signed it. He did not know what the native was signing. Defendant was, to the best of his knowledge, sober. He had had some, conversation with, defendant, and he had always told him he would not pay it. He did not recollect speaking to defendant when going out of Mr Brassey's office. Defendant spoke to him before the case was brought into Court,about the £410s he owed plaintiff, and said it would be all right. On the morning of the case being before the Court, defendant admitted that the signature on the 1.0.1T, was his, but said that he must have signed it when he was drunk, as he did not remember doing so.

By Mr Campbell—He conld not say whether the native was asked to sign the: paper, nor could he say who placed' the paper before defendant. Mr Brassey and the defendant were speaking about some* thing, but he could not say whether Mr Brassey asked him for money. ' His Worship, in summing up, said that in cases like the present, the* plaintiff should hare the signature of a native witness. He would either dismiss the case or allow the plaintiff to accept a ndn< suit, which Mr Brassey agreed to. HUME y DALZIEL. V.' Claim, £15, two quarters rent of some land held under a lease from plaintiff. • Mr Miller appeared for plaintiff, arid proved the debt. . V! By Mr Brassey--8o far as he knew no portion of this rent had been, paid. Mr Hum* agreed to a reduction ia the rent to £5 per quarter. ;• : : . •;: Judgment for plaintiff for £10. and costs £1 19s. lITCHFWLD V. JUK. T This ,was an action brought bj plaintiff for.the possession of some land in the occupation of defendant. Mr Cuff for plaintiff, Mr Miller ifor defendant. J. Eead, timber merchant, deposed that he: knew the property in question. Eight or ten years ago he hid a ease against a'man named Uncles, who thenl had possession of it, and got judgmeat against him; He sold the property to pay for the debt. Uncles had been in possession some time before he got' possession. Plaintiff never demanded any ground rent. He always understood that there was' Some flaw in the original title, through which the real owners could not claim the rent. Since he bought the piece he had never been interfered with, nor had any demand been made for rent.

By Mr Miller—Ha received no deeds wheo he bought the piece, except the receipt for the purchase money. James Carnell deposed that about i 4 or 15 years ago he prepared a lease from. Mr Glover, of Coromandel, to Mr Uncles," of the piece of land in question, v H. Willets and Mrs ftae gave evidence as to their respective purchases of the land in question. His Worship ruled that defendant haf a prima facie title to the grcuind, and dismissed the case.

Adjoubned Cask; The case John Leydoa ?. L»nb was adjourned till Monday. Jcdghmnts fob BuijrrrvFs. ra lg Hirkand Maher t. J.llattray. G*siw£dß| £412s 7d, and costs, 75.~-Bodaia»->£sH Dalziel. Claim; £1 7s Bd, property £fc/V and costs and expeasets, £3"6s Bd.-~" ■ Phillips v. Lipsey. Claim, £10 5s sd, ■ goods fupplied, and costs, 19s.—Marshall ■ t. Palziel. Claim, £4 14s, and costs £1 A 2s 6d. ff fl