RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 188, 14 September 1871, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(W. Lawrence Simpson, Esq., E.M., and J.F. Herbert Esq., J.P., on the Bench.) Thursday, 7th Septembeb.

Harris v. Francis. — Claim, £15. Summons not served — fresh summons to issue free.

Ah Wing v. Cotter. — Claim £16 Ba. No apperance of defendent, Verdict for amount, with costs. Mr. "M'Coy appeared for plaintiff.

Evans v. D. Clark. — In this case summons was issued to defendant to show cause why he should not give up possession of property sold to plaintiff. Mr. Gooday for plaintiff ; and Mr. Copeland for defendant.

Mr. Copland stated that his client had given up possession, and he would like to know why the present vexatious proceedings were instituted against him. They well knew that he was destitute, and had no means. It appeared to him that they were desirous to further saddle him with unnecessary expense. The proper course would have been to serve the defendant with a notice ; and if his learned friend did not know the form of such notice, he would refer him to Woodwards " Landlord and Tenant," where he would find it.

Mr. Gooday contended that he only complied with the requirements of the District Courts Act ; and further, that they were not bound to serve the defendant with a notice. It was neither the the duty not the business of a landlord to run after the tenant to get possession of the key. The present proceedings would not have been instituted but for the act of defendant in pulling down outhouses and destroying hedges. Evans, being sworn, deposed that he had never spoken to the defendant about the matter. He never asked him for the key. He was not aware that any one on his behalf had.

J. Thompson, baliff, being sworn, daposed that he had seen Mr. Clarke in the house on the evening of the sixth inst. He w.is likewise in the house. Their was was no furnilure in the house. It appeared tenantless.

Mr. Clarke, being sworn, deposed to having given up the key on the morning of the 7th to a man who was in the employ of J. Taborn, who appeared to be an agent of plaintiff. The Bench, having considered the whole circumstances of the case, and seeing that defendant had given possession, would dismiss the case, allowing expenses to neither side.

John Tighe, sen., and John Tighe, jun. , surrendered to their bail from Waipori on a charge of petty larceney. The continued indisposition of the prosecutor rendered a further remand necessary. Mr. Gooday, on the part of accused, asked if nothing could be done to dispose of this case, as it was a general hardship for accused to appear from week to week. He asked for an adjournment for 14 days. The Magistrate remarked that he could nut possibly help it. If there were a J.P. in Waipori, the matter might be easily managed. He had no power to grant a remand longer than seven days. The accused were remanded for seven days, on their own recognizances and one oilier party. Mr. Cox of Weatherstones appeared, and entered the necessary bail.