DISTRICT COURT.

Wairarapa Daily Times, Volume IX, Issue 2636, 30 June 1887, Page 2

DISTRICT COURT.

MASTERTON.-WEDNESDAY. .•» Before Bis Honor Judge Dm. A fine inflicted on T. A. Lyon at the last sitting for non-attendance as a juror ■• m reraittod, owing to Exceptional. cir. ciimstanoes." " ' The case of W,B.'B«i&v Australian, Mutual Inauranoe Society was settled out of Court. . -BANKRUPTCY.'' ■':\ "'■ A. P. Fieldln?—Application tor-die-.' charge ~ Granted. Edward/ ; JaniM Hughes, of-Pahlatua. Application: to annul bankruptcy.':. MrHutohin appeared, for applicant Mr Beard • opposed'on behalf of T, James arid pointed tot that an application waii Before the,Gouftfor-»-new trial in the 'case' JamerVj 'Hugliei,:, and contended that the latter'applicatioa be decided first, llr Hughes affeted m..

objection and it was decided that the fttguments for a new trial bo taken. . • NEW TBIAt. Sir Hutchin, on behalf of E. J. Hughes, RPplied.for a now trial on tho grounds tn&fc the verdict in the recent case was agajttsttho weight of ovidonco, nnd that -<tho damages were excessive. He re-.-.tiowedtho ovidonce, then given,' in an manner '''and, jhade an earnest ,^sijl':fp,rhis client and jhe Jjushjlttlers. "■' he,c;ontended t jrero com- , pejad by law to. effect'; certain-''clearings 'j : i^b'fl3n''countrji ; wMchthere'cCTtTifdict. .i. tibD,-'& their' attempt to' clear:bush land '.?■{■■]:■ '■••" . " ■..;:;:. Mr Beard briefly replied, contending -. that the verdict, was given lin accordance with the evidence, and .fhat'th'e damages ; and pointed out that v |f. the defendants' in that case had any ..idea of acting' bona.'fido'they .would hivo : .; f complied with*the iofder of the court and .not have allowed the time-', to elapse.as " th§y had dono, without acting according to the Court's order in finding tho usual Buretiea pending the now trial. Hia'Honor said tho verdict was not

.what ho expected it would havo been ; '.and he was Boraewhat surprised at it, bin on , tho grounds of; tho application h could-not tako upon himself to breal through tho rules of tho court. Ho thore fore decided that tho court could no grant n neiv trial on tho "rounds that thi rules 'of the. court did not permit o authorise* judge of. tho District Court'ti grant a new trial whero tho verdict wai . gainst tho weight of cvWwoo Ho sail that if ho had tlio power no should be.in dined, to grant the application. APPLICATION TO ANKUI. •Edward James Hughes application tc annul bankruptcy. Mr Hutchin for applicant, Mr Beard opposed on behalf of T, James. Tho applicant had been adjudibankrupt by T. James, plaintifl u|ho ease James vHuchcs, who, failing propeV security,'. hud compelled applicant, through pressure, to seok the protection of the Bankruptcy Court, Mr Hutchen contended that the Clerk of the pCoutt had made tiic unreasonable t demands of having the freehold titles of tho applicant's property, when bona fide .persoual'security bad been offered. •The application was refused, his' Honor remarking that the Clerk of tho' Court tvas quite justified in demanding' proper jocunty, and could not bo blamed'for his action' in the matter. ■ '•-' (Left Sitting.)