R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1392, 31 May 1883, Page 2

R.M. COURT.

MASTERTON—WEDNESDAY. (Before Messrs Bisir and Toomatii, J.P.'s) Holmes v Clayson, continued. James Clayson deposed: I am a baker and confectioner, and have occupied premises on the Town Lands Trust acre since October. I obtained possession of tjienj from Mr R, G, Williams. I was to liave them on the same terms that lie got them. Subsequently Mr Brown offered mo a lease from Mr Cockburn in lieu of the one given by Mr' Williams. What Mr Cockburn said about my agreeing to pay 25s for one shop and 20s for the other .was untrue. I had no negotiation about tho premises with Mr Cockburn. I arranged with Mr Brown about, live weeks ago to take them on the same conditions that Williams had them from Cockburn. Beforo that I had no arrangement with Mr Brown, [t was arranged that a lump sum should be taken for the back rent. I paid Mr Brown six pounds, not on account of rent; but with his usual artfulness Mr Brown asked it for Cockburn's rates. Mr Brown did not render an account. The Court: Did Mr Brown ever ask you for rent? Witness: No. He got another £5 out of Mrs Clayson in the same manner when I was away at Palmerston, I did not pay it on account of rent at 25s and 20s a week for the two shops. To Mr Bunny: 1 Jiave built a bakehouse, oven, coachhouse, and fowlhouse since I have been in possession of the premises. I did this under my arrangement with Mr Williams. Before I could start I had to erect buildings suitable for my particular trade. The lease was to have been for seventeen and a-lialf years, On the strength of the lease I expended £lB5 in improvements. The lease was not executed owing to the lease from Cockburn to Williams not being completed; The Court: • You knew of Mr Williams bankruptcy ? Witness: Yes 1 The Court: Did you take any steps to secure your lease subsequent to it] Witness: I tried what I could do to obtain the premises on the same terms as R. Gr, Williams, and Mr Brown promised to lot me have them. To Mr Bunny; Prior to tho issue of a distress warrant no demand had been made for the £97 15s then claimed. Never had a scratch of a pen from either Brown or Cockburn. Mr Brown had applied to me scores of times for money on account of Cockburn. I have told Brown that I didn't owe him or Cockburn money till it made me feel quite ill. (A. laugh). The Court: You admit that Cockburn was your landlord 1 . Witness; No. I consider that if I was liable it was to William's trustees. The. Court: Have the trustees made a demand upon you?. • Witness : No. If Brown got £6 out of me and put it to credit of rent.l 1 cannot be responsible for being trapped.

Mr as the most contradictory one- he had ever heard.. Witness Clayson continued: Holmes handed me the warrant when he entered the premises. Ho did not taHe an inventory till Friday. The. Court : Holmes says he handed it to you the next day. Witness: I know he did not take it till Friday 'because I would not allow him to do so."v7 "v Mr Beard: I would like your Worships to take a.note of that. - Witness mean only with regard to the'things in the shop. ' Persons conducting a respectable business, don't care about the like '■ of-5Mr/ itfolmea pulling things about, ' Cross-examined by Mr Beard; I told i Mr Brown he could go. through and take an inventory for himself. Mr Beard: 1 On whose account had you paid :Mr Brown the. £ 1 l 'for rent ? Witness : I did riot pay ifc fot* rent at all. What did you pay it for,] Because he asked rae for it 1 Do you always give money, to people who ask for it 1' : ■ ■ J : If Hike them I do!.. ' ■ ' You have 1 a great'affection for Mr Cockbiirn then? I • ! ■ No! But 1 respect Mr Brown/ He told me he wanted some money for Cockburn. : I suppose you just'lent him the money 1 Yes! As sort, of-bailee for Cockburn! What interest' were you to receive 1 Oh, we didn't fix that ! • Didn't you pay it for rent ? ; '■ Well, I knew : I should, owe somebody for rent. I knew Brown had a power of attorney from Cockburn, but I have never, made any arrangement with either Brown or Cockburn as to rent right up to the present time. When they say'so, they say iwhat is altogether falsb. Brown " may have told me what the rent would be, but I never took any notice if he did, It was by Brown's, permissicjttf fjiat I occupied the second iliop, My arrangement with shop and the premises, TWreason I took the other was I might as well open'it as^o - ?,/ it closed, To the Court: I was "to, get' ; a lease from Cockburn on the same terms ns Williams had, Witness continued.: Williamsj did not know what tcrnis he was to Jeaso it on.. I gave Brown money for Cock- , )burn on account of rent. I knew I : must owe some amount, . I was 1 anxious to get n definite arrangement 1 about the lease affair. I. made im--1 provements to the place before I could 1 go into it, I spent £lB5 on the. place. I I don't know that Mr Cockburn is my , landlord even now. I don't know who is my landlord. .1 have paid only I £ll since Mr Williams' bankruptcy. ' I considered I was an asset in Wil--5 Hams' estate, and a good one too, if properly used. 1 have paid them no rent nor anybody else. ' , i Mr Beard: A very good asset inr deed! J To Mr Bunny: My rent was fixed by Williams at £6 per month. The lease from Cockburn to Williams was to have been at a rental of 15 per, cent, on the cost of the shops. No application was made to me for. rent for about nine "months. i , Mr B. Brown, re-called, stated positively that, he made the arrangement 1 with Clayson; and that the rent was paid under that arrangement. He did not distrain because lie did not know t he had the power, and left it till Mr , Cockburn returned. 3 [At the request of Mr , Bunny Mp j Brown produced the power of attopney under which he had acted,] , To Mr Beard: The lease fronr the Town Trustees was to .Mr Cookbiwi 8 alone. s Mr K. G. Williams sworn, deposed: , lat one time occupied the premises adjourning Mr Clayson's shop.; Ijhad a lease from Mr Cockburn' which "was signed but not completed, the rent was to be half the ground rent and 15*' per cent on the cost of the building. I let a shop to Clayson at 30s a. week. .] Mr Cockburn was aware that I j intended to do this, and had certain improvements made for Clayson's conj venience, Since then I have become [ bankrupt, I handed over .the, ;16ase 1 from Cockburn to myself as an asset I to my Trustees, An agreement but , not a lease was drawn up between (. Clayson and myself, Tbe reason the lease between myself and .Cock.tjurn c was not completed wis' becaliso he himself had not a title at the time, j The counsel then made lengthy , addresses to the Court whole ' case, and on its legal ak f which their Worships re'.red'tb , sider their judgment, which was delivered at about six o'clock as follows: We hold that an agreement was mado , by Brown with Clayson, and a rent of , £1 and £lss fixed. Therefore, Cockle bum had the right to distrain and put [ in a bailiff. The defendant is fined , forty shillings and costs. On the application of Mr Beard 8s [ was allowed for the bailiff's attendance f and two guineas for plaintiff, A second case against defendant was 1 withdrawn.

MASTERTON—THIS DAY. (Before Messrs Bish and Lowes J.Pi's.) : i I /.< Patrick McCullough was charged with stealing a pair of boots, value ]6a 6d, the property of W. P. Fellingjiam. The accused pleaded guilty, bi}t si>i(l ho was drunk and dk] nqt know he aijqut, hay? been mad \yith (ll'inV, The police reported that the man when arrested had the appearance of being the worsefor liquor. The Court said it was sorry* to take action, but it could not altogether accept the plea of drunkehess. It would give as light a sentence as possible, viz., fourteen days imprisonment.

A vulture baa recently been seen hovering. over the city of London, occasionally perching upon the tallest buildings.. A member of the Bame tribe was caught forty years ago near Cork Harbour, and in 1825 one was -shot /on the shores of the British Channel. Theifl three vultures are, it is said t> the only specimens known torhave ivisittd the British Isles for several centuries,