RESIDENT MAGISTRATES COURT, LAWRENCE.

Tuapeka Times, Volume VII, Issue 434, 13 February 1875, Page 2

RESIDENT MAGISTRATES COURT, LAWRENCE.

. (Before E. H. Carew, Esq., &.M.) -!■• j.,.,- iEbiday, ,12th, Fbbbuart. -■ :. t Calcutt v. Oat,coigne.~ This was a railway case to assess the compensation to be paid to the defendant for the - Tand taken under " The Immigration and Public Works Act Amendment Act, 1871." Mr. U'.Qoy appeared for the defendant ; but the plaintiff did not answer to his name. His Worship said that he had received a letter from the plaintiff requesting him to put off the case to some Court-day as near as possible to to.e.J.sth-. March. The defendant objected to an adjournment. His Worship said that Mr. Cal- ' cutt had not (though requested so to do by the Clerk of the Court) lodged the money for the. payment .of the assessors as required by, the Act. They, had not,, therefore, been summoned, and the case must fall through a* the Court was not constituted. Mr. M'Gbr • applied for costs,, urging that costs were in the discretion of the Magin'rate, and did not. form part 1 of the subject that the assessor* were to consider ; and. therefore, could be granted though they bad not been summoned. - His Worship had doubts as to hiß jurisdictioa to do to. The costs he was empowered to give were the costs of the enquiry; and life was convinced that the enquiry commenced with the issue of the summons as submitted! He thought it could not be said to commence until the matter was before himself and assessors. He would, however, if the matter came before him again, bear in mind that thk defendant had been put to the costa of the day. This was the only businesi before tfif Courfc. , . .