RESIDENT MAGISTRATE'S COURT. Tuesday, November 18th 1879.

Poverty Bay Herald, Volume VI, Issue 954, 19 November 1879, Page 2

RESIDENT MAGISTRATE'S COURT. Tuesday, November 18th 1879.

(Before C. Whitefoord Esq.,) Parsons' Trustees and Bond v. Cameron. Claim for £98 8s 9d. Mr, Ward junr., appeared for plaintiffs, and Mr. W. R. Robinson for the defendant. Mr. Ward stated that the plaintiffs sued for one year's rent of an allotment, the unexpired lease of which had been been put up for sale by public auction and bought m by the plaintiff, Bond, and that the defendant Cameron had subsequently purchased from Bond for £25. Several witnesses were examined for the plaintiff's case. Mr. Robinson, on defendant's behalf, pleaded not indebted and also applied to have the case struck out on the ground of want of jurisdiction, there being a second action before the Court between the same parties for £78 lls 6d for ront of another allotment purchased at the same time as the first allotment. Mr. Robinson contending that one action only should have been brought for the rental of both allotments, and that snch an action would be bayond the jurisdiction of the R.M. i Court. Mr. Robinson also applied for a nonsuit on the ground that there was no agreement m writing between the parties ' which he contended was necessary under the " Statute of Frauds." Evidence for the defence was then taken, which was to the effect that the defendant had taken the allotments for 6 months only, for which he had paid and that the allotments were now m the occupation of Messrs. Fraser and Kelly who did not repudiate their liability to pay rents. The R. M. reserved his judgment for a week to give him time to look into the cases on the two points of law raised for the defence.