RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 872, 25 August 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Captain Gudgeon, R.M., and two Native Assessors. This Day. THE PIiOirOHINO CASE. Matene Kaipaii, Hemoahiahi, and Puhia, were charged on the information of Phillip Bond, with malicious injury to property. Messrs. Regan and Brassey for plaintiff, and Messrs. Rees and Nolan for defendants. Mr. W. L. Rees asked that the case be' dismissed. There was a title to land m question, and justices could not deal summarily with a case such as the present, and it was beyond their jurisdiction. He quoted authorities at considerable length m support of his application. Mr. Rogan, as opposing counsel, required the production of bona fide evidence before the question of jurisdiction was decided. There had been no reasonable right shown to infer that defendants had any claim to the land, and if they had one it should be a claim they could legally assert. He quoted authorities stating that joint tenants could not m assertion of their claims enter upon and take possession of .the land. The Bench said it would, be simply absurd for him to require the defendants to prove their title, but it was for them to show under what supposition they acted, and give some reasonable grounds for their action m the assertion of their rights. If the defendants could prove any reasonable title he would dismiss, the case. Mr. Rees said m that case he would call Wi Pere to prove that the defendants were co-grantees, and entered so as to assert their claim. Wi Pere, sworn, deposed : I know Matawhero No 1. lam a grantee m that land. I know the other grantees m that block. I have been empowered J by my co-grantees to take steps to test the title to that land. I sent the men on the land, and gave public notice of its possession at the time of and before Read's sale. I and other co-grantees dispute the right of Read's trustees to that laud. It is m consequence of that right that we have ploughed and put up the fence. Read's aotion towards us was that of . a murderer. The witness then, m qualifying the expression, said it was treacherous. We claim that land. We know those people who have sold to Read. The Bench said that as the question of title had arisen, the Court had no jurisdiction, and he was of opinion that he must dismiss it. Bond v. Mateue Kaipau and others, for illegal and forcible entry, was adjourned to the Bth September. CRIMINAL ACTION EOR LIBEL. . W. L. Jackson v. E. Bullock.— E. Bullock was charged on the information of W. L. Jackson, with having, on or about the 12th day of August, unlawfully and maliciously published, and

procuring to be written and published, a certain false, scandalous, and defamatory libel of and concerning the said W. L. Jackson, that is to say by placing m his shop-window a certain letter ;in the following words : — " Mr. Boxlock, Chemist, " Gladstone Road, "I am instructed by Dr. Jackson to take legal proceedings against you, for circulating a statement to the effect that you hold a prescription of his which, had yeu made up as directed, would have killed the patient for whom it was intended. "But before adopting measures, I write to ask you whether you will retract and offer a full and ample apology to Dr» Jackson. The bearer will wait for an answer. "Yours obediently, "W, R. Robinson, Solicitor, "and by writing of the said letter, words as follows :— ' I will NOT apolofise, as the above is correct*— Edward 'uxlock ;' aad by drawing the. attention of the public by advertisement to the said letter." Mr W. R. Robinson Appeared for the prosecution, and Mr W. Brassey for defendant. On application of counsel the case was adjourned to Tuesday, Sept. 2.