SUPREME COURT. CIVIL SESSIONS. This Day.

Evening Post, Volume XXVII, Issue 98, 25 April 1884, Page 3

SUPREME COURT. CIVIL SESSIONS. This Day.

[Beforo hia Honour Mr. Justice Richmond.] The littingß of the Supreme Court in oivil jurisdiction were continued at 10 o'olook this morning. RIDDIFOBD V. TI OO AND OTHERS. This was a caao tried before his Honour without a jury. It wai brought to recover possession of a certain piece of land, together with £50 profltß acoruing thoreon. Mr. Gufly, instructed by Mr. Browne, appeared for tho plaintiff, and Mr. Bell and Mr. E. Shaw for the defendants. Mr. Gully explained the nature of tho aotion. The plaintiff, he said, was Edward Joahua Riddiford, of the Lower Hutt, sheep farmer; and the defendants were Ti Go, Ah Lim, and Ah Mork, gardeners, trading undor the name of Kong Lee and Company. By an agreement, dated 13th February, 1879, the plaintiff agreed to leaae a section of land, consisting of K\ aores, and situated at the Lower Hutt. to the defendants, for a period of syoara. Thodefendants entered into possession o! tho land. The 5 years expired on the 29th February. 1884. The plaintiff afterward demanded possession of the land, but tho defendants refused to deliver up possession, and wrongfully withheld it from the plaintiff. Sinoe the expiration, the defendants had received to their own nse all tho profits and benofiaial use and occupation of tho land, and had carried away large quantities of vegetables and produoe growing on the hind, to the Talue of £30 and upwards. Therefore the plaintiff claimed to recover possession of the land and £50, representing profits thereon from the 29th February, 1884. All these allegations were admitted by the defendants, except tho last, relating to tho

demand for ro-posßcasion and tho rofusal to ttive up. Tho defendants domed that they liad wrongfully withheld possession, and alleged that thoy had occupied the land sinco February lost with tho consent of the plaintiff, and, pursuant to a verbal agreement with tho plaintiff, mode in November," 1883, that the plaintiff would grant a further lease of 10 years. Edward Joshua Riddiford, the plaintiff, was examined at considerable length. He produced the written copy of a letter, which, he said, he had himself posted to the defendants on tho 7th October, 18S3. The letter, he Baid, was dated (ith October, and ho produced an entry in his diary, Tt/itten at the titio to show that ho had posted it. The letter was to tho effect that in answer to the enquiry of the defendants as to whether ho would be witling to give them a fresh lease of the paddock they were then cultivating, he wished them to understand that at the expiration of the lease on the 29th February, 1884, he would require the paddock in question, and he therefore advised them not to put any seeds in the ground, whioh thoy could not remove by that date, and would consider any growing crop on Ist March as his own property. William Chittiok also gave evidence. The other witnesses examined for the plaintiff were Young Ti and Mr. E. B. Browne, solicitor. Mr. Bell, for tho defenoo, submitted that at the most the defendants wero tenants from year to year, and were entitled to six months' notice to quit. j His Honour thought that when parties entered on a lease knowing that fivo years j were to bo the total period, there was no reason why a fresh notice should be given. After the luncheon recess Mr. Shaw opened the defence. He denied that the letter referred to by Mr. Riddiford had been received by any of the defendants. He mentioned that the rental paid by the Chinaman for the ltti aores was .£l2B per annum, whioh he Baid was about the price of the most fertile land in fee simple on tho Waimate Plains. His Honour said it was the rate of £& per acre per annum. Mr. Gully said the land was worth J6IOO per acre. Mr. Shaw, after some disonssion, said the defendants were willing to consent to a decree on terms. Hia Honour would be glad to see the case compromised on easy terms. Mr. Shaw said the defendants would snbmit to a dcoree if the plaintiff would accept rent from the determination of the lease on the higher icalo up to this day fortnight. His Honour said it was the duty of the Court to proteot vested interests of property as they existed, but he always saw with sorrow any attempt to insist on extreme rights. It was dangerous, ho might almost say, in these days, to the institution itself. After consultation between the parties, Mr. Gully said the other sido agreed to judgment for plaintiff by aonsent, on condition that the defendants were allowed 14 days longer on the ground, so as to remove the remainder of the crops, and that damages for the plaintiff up to that Deriod should be assessed on that basis. His Honour said, so far as the evidence went, he conld not say in reason that he was satisfied that the defendants had established an agreement to grant a new lease at any timo. Probably the parties had misunderstood one another in Bomo particulars. At a moderate fignre the value of the produce of the land from 29th February to a fortnight henoe could not be less than JIOO. Mr. Shaw was willing that the damages should be £70. Mr. Gully urged that they should be at least £80, and eventually that amount was agreed upon. Judgment was then entered up for the plaintiff, together with £80 damages and costs. The Court then rose.

In reference to tho arrangement entered into with Mr. J. Saunders this morning, we understand that the City Council have agreed to pay £300 for the construction of a two-feet flume at Wainui-o-mata. The work is to be started on Monday next, and is to be oompleted in a fortnight's time, tho contractor taking all risk. Mosßrs. Jamioson Bros, ft Co. publish their prico list of grooeries, ex Cooleen, in our advertising columns. They also notify that they havo on sale wines and spirits and Dunedin ale and stout. Mr. George Thomas will sell to-morrow, at quarter-post 10, fruit, produce, 40. ; at- 1 o'clock, he will continue the sale of Mr. Cleland's stock. Messrs. Hasell & Co. will sell to-morrow, furniture, <tc. Messrs. Dwan ft Co. will sell to-morrow, jewellery, ko.