RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XX, Issue 3909, 8 May 1877, Page 4

RESIDENT MAGISTRATE'S COURT.

Saturday, May 5. (Before J. A. Smith, Esq., J.P.) DRUNKENNESS. James Griffen was fined 4s, and Joseph M'Namara was discharged with a caution. (Before E. Beotham Esq., Resident Slagistratc.) GUY V. DYETT. His Worship gave judgment in this case, which was an action to recover possession of so much of the Old Clive Hotel as had been entered upon by the defendant. His Worship said : The only evidence the defendant has produced in this case is the Crown Grant and a rambling incoherent statement to the effect that lie has dealt with property included in such Crown Grant. Against that we have indisputable evidence that he had assigned this property years ago to trustees, in consequence of which assigiiment the plaintiff claims to hold through the bankruptcy of a purchaser. It is alleged by the defendant that his (the defendant's) bankruptcy was incomplete. I do not see what I have to do with that. Proof of possession of the land and receipt of the rents is prima facie evidence of seizin in fee of the person possessed. I am not here, however, to try the complicated questions involved in a dispute of this nature. The jurisdiction of the Court in a procedure of this nature was not, it seems to me, intended to suit cases of a nature where a mass of facts Avere in dispute, and questions of a purely technical nature were involved. It was intended to apply a rapid and easy remedy for a very apparent wrong. Ordered that possession of the premises be delivered up to the plaintiff by the defendant within 14 clays from date. There was no other business before -the Court.