SMALL EEBTS COURT. -Monday.

New Zealand Herald, Volume II, Issue 567, 6 September 1865, Page 6

SMALL EEBTS COURT. -Monday.

(Boforo Thomas Beckham, Esq., R.M.) WAT.KEK V. COCHHANE AM) COX. His Worship said that in this case judgment must bo for the plaintiff. Tho Court had given to all the facts tho best consideration in its power, and it felt that it could not divide its verdict. It was perfectly clear that the plaintiff whs entitled to tho amount of his claim. Tndeed that did not appear to be denied bv either of the parties. Theso gentlemen must be left to settle their dispute. The Court had suggested a settlement which might have been accoptcd. One of the defeddants had offered to pay the amount for which he was liable into Court. At oU events the Court had nothing to do with the dispute in question. The plaintiff could not be kept out i>f his money because these gentlemen could not agree as to the degrees of liability. His Worship accordingly gave judgment for the plaintiff to the full amount. HIDINGS AND DOWIIEN V. BOMERVILLE.

Clsim, £39. , Mr. Davy appeared for the plaintifl, and Mr. J. Russell for tlie defendant. The plaintiffs are assignees to the estate of a person named Oliver Grant, under an assignment for benefit of creditors. Grant occupied a house belonging to the defendant, the nature of the occupation being described as an implied yearly tmmnce, althoug the rent was payable monthly. The defendant had distrained for arrears of rent. The plaintiffs' as assignees to the estate denied the right of the defendant to distrain under the sanction of an implied demise. The case turned upon the -wording: of the-Ist clause of the Conveyancing Ordinance, in which it is stated, that no partition, exchange, lease, or surrender of land can be made without a deed. Mr. Russell cited a dictum of Mr. Justieo Richmond, who described the words of the as being ambiguous, and decided in favour of an implied tenancy in a particular case. His Worship that in the construction of an Act of Parliament, judges were recomniended to bend their own minds to the obvious meaning and literal import of the words of the Act. Tho Court, in tho present case, would give judgment for the plaintiil, subject to an appeal to be brought betore the higher Court upon a case stated. MAXWELL V. DICKEXSOX. Claim, 17s. 6d. The was an action for the amount of necessaries supplied to the defendant's wife. The Court gave judgment for tho plaintiil".