LAW REPORTS.

Dominion, Volume 1, Issue 66, 11 December 1907, Page 5

LAW REPORTS.

SUPREME COURT. CIVIL SITTINGS. CLAIM FOR POSSESSION OF A FARM. The Civil Sittings were resumed yesterday morning, His Honour Mr. Justice Button taking his seat at 10 o'clock. •Tho hearing of the action, between Matilda Frost and David Pressly Matthews was continued. Tho statement of 'claim set out that, on April 18, .1906, plaintiff leased'to tho defendant 103 acres, being section 21 on tho plan of the Makar'a district,'for seven year's, at the' reiital of •' £52. Defendant, it was alleged, had mado default in the observance of a number of covenants under the lease. Plaintiff alleged that defendant had habitually been in default in payment of .tho rent, and had paid rent down to September 3, 1907; that defendant had omitted to .pay to : the Hutt County Council the sum of £4 9s. 9d. rates due on March 31 last; that defendant had not kept tho premises in repair, and had riot managed and' cultivated tho' lands in a proper and husbandman-like manner, . but had caused the same.to be impoverished in'the following respects:"(a) He had permitted a great part of the farm sto be rooted over by pigs, and the pasture 'thereon to be destroyed; (b), lie had permitted the flower garden, vegetable farden, and, fruit trees to be. over-run and roko'n down by .pigs, .cattle, horses; arid, poultry..Plaintiff, therefore, • claimed possession of the land, £4 for rent accrued down to October 1,, 1907, £300 damages in respect of the breach* of covenants, and £50 damage or mesne. profits in respect of the use and opcupation of the. promises from October 1" to, the date of recovering possession'.' ' : ' Defendant, in his statement of defence, asserted that he had regularly paid the rent, though sometimes a few weeks after its duo dato j that he inadvertently .made default in payment of the rates, but had since paid the same; and that hVhad kept the buildings in' good -and . teriantable- repair, .and managed,; and cultivated the lands in a proper manner. Defondant counter-clainicd to be'relieved from forfeiture .in respect of non-payment of rent or in • respect of any breach -of covenant which he, had admitted, or might bo. found to have'committed. Plaintiff; in a statement of defence to'tlie counter-clairii,' denied that defendant was entitled to be relieved from tlie forfeitures. Treadwell appeared for the plaintiff and Mr. Levi for tho defendant. .' , Additional evidence on behalf of the plaintiff was given; .John E. .Eagle,. farmer, .-'Karon',- stated that, as a-'result of defendant's neglect, the property had depreciated in value to" the extent of £200 during' his tenancy. , Alfred W7 Harrington, farmer arid dairyman, Brooklyn, also gave evidence. ■ ; This closed, the case for the plaintiff. Mr Levi, on behalf of the defendant, contended that; no substantial breaches of the ■ covenants to repair had been committed. As : to', minor ;breaches, defendant was, he sub- i Butted, entitled to relief. ! Defondant gave evidence to the effect that ' the property was in as good order now as 1 When he entered into occupation of it I Henry Jervis W. J.. Bryant, Geo. Mink, 1 ™ I™' H; Robinson were also called. < _ The Court then adjourned until this morn- < nig. ' ;