RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3692, 15 May 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

This Day

(Before Captain Preoce, R.M.) renata and broughton v. ihaia tanoira. The following judgment Avas given in the above cas. hy Hi's AVorship:— It Avas urged by plaintiff's counsel that one tenant in common cannot charge another co-tenant Avith trespass, and therefore cannot impound, iv ,-upporfc of Avhich authorities were quoted, also that the' provincial ordinance docs not take away the common law rights to sue for trespass, that the damages were excessive if tho defendant avus entitled to impound Mr McLean, for the defendant, ur ir ed that tenants in common at home were in a different position to tenants in common hereunder the Native Lands Act; in England he could do Avhat he liked_ with his interests: here he could do nothingin dealing with tho land except under the Native Lands Act, 1573 ; that if he can give another party a. license tho Act would be evaded,_ a license being equivalent to a lease ; that if Renata Avere not the owner the impounding would bo legal: if ho were the owner he could not recover more than £20 under the Impounding Act ; Renata has a sheep mark, aud Broughton a horse brand ;if they have not a cattle brand anyone could assume that the owner of the cattle is unknown ; he claimed, therefore, a non-suit, and stated that if a decision Avas given for plaintiff a question of title would bo raised which Avould put the case outside the jurisdiction of the Court. Tho first matter to he seti led was whether the case did involve a question of title or not, and His AVorship, quoting authorities, showed that there avms no question of title : and, further, quoting a judgment of Judge Gillies ; ruled that tho cases quoted by the plaintiff did not, appV, as the laud was held under native custom and not under English title ; that the common law Avith regard to tenants in common Avould apply if they exchanged their present tenure for an English title iv fee simple, which they could do by application through the Native Lands Court. "With regard to the car mark there Avas nothing compulsory to bvand horses or cattle, nor Avas there anything in the Act to prevent the registered ear mark for sheep being used for cattle. Tho Cattle Trespass Act, ISG7, _ docs not take away common law remedies for trespass or special damages. Section 7 provides for an appeal to two Justices, but there is no special machinery for so doing. The appellant can have recourse to a civil action to recover the amount ho disputes if he chooses to adopt that course. Section 1-1 does not apply to this case—this is for the rccoA-ory of special damages paid under protest. Juchrnient Avill accordingly he given for the plaintiff for £13 Ms Gd, Avith costs of Court £2 2s, solicitor's fee £2 2s, and Avitnescss expenses £0 0s Gd. LUNACY. Anne CniAvley, on a charge of lunacy, was remanded until the 22nd instant. CIVIL CASES. Proprietor Daily Telegraph v. Mulindcr. —Claim £3 ss. Mr Lascellcs for the plaintiff, and Mr Lee for the defendant. Judgment for amount, Avith costs 15s, solicitor's fee £1 Is, and expenses of one witness 5... Other cases by the same plaintiff Avere settled out of Court. Jarman v. Mauaeni Tini.—Claim £0 ss. Judgment for plaintiff by default for amount, with costs lGs. J. Parker and Co. v. Clareburt. —Claim £2 3s. Judgment for plaintiff for amount Avith costs. R. Clifton v. Gush.—Claim £5, money lent. Judgment by confession for amount Avith costs.