MAGISTRATE'S COURT

Dominion, Volume 5, Issue 1412, 12 April 1912, Page 3

MAGISTRATE'S COURT

RENT OF. KELBURNE KIOSK.

A XI) POSSESSION

At the Magistrate's Court j'esterday, before Dr. M'Artlnir, S.M., the Kelburne and Kni-iiri Tram Co., Ltd., sued Maxwell Kpens-Bluck lor possession of the Kelburne. Tea Kiosk, and for MX fls, 2d. ronl, alleged to bo due on that business. Mr. ('. 11. l;:ard represented the plain'lit" company. Mr. T. Xeavc appeared lor fhe defendnnl. ■

Mr. Jzerd -aid (hat ilie claim was one for possession of the premises, tho leaso ol which had ended, and for rent in ill-rear. Defendant had had a three months' lease, which had expired on December 20, 11)11, and ho had exercised a right to renew (his lease. The renewed lease had ended on March 20, 11112. Defendant had been applied to for possession, lint had not left the premises, l-lverv latitude had been extended to him, but he still remained at the Kiosk, and, by depending this action, it seemed that lie still refused' to quit. In tho course of evidence, Thomas Shailer Weston, solicitor, stated that the defendant had informed him that ho would bo glad to get out of the Kiosk, and would do so as soon as ho could get a house.

Mr. Xeavc addressed tho Court with a view to showing that defendant's lease did not expire until' June 20, which, he said, was clear from the provisions of the len-e. He held, also, that as tho terms of tho lease would have to be construed, owing fo the documents' ambiguity, the Court should not adjudicate in the matter. Further, when a document. hail to be construed, owing to its ambiguity, it should be construed the more strongly against (he persons who prepared it—in this case the plaintiffs. Mr. Izard replied that, if it were correct that the Court had no jurisdiction where a document'had to ha construed, counsel in a ease would only have to raise a contentious point to get any case thrown out. Mr. Izard Said, also, that plaintiffs were willing to forego the rent claim if possession of the Kiosk were given up by defendant. His Worship intimated that he would deliver judgment on 'Tuesday. UNDEFENDED CASKS. In the fallowing cases, judgment was entered for Die plaintiffs by default.— \V. T. Johnson v. Northern General Importing and Marine Motor Company, £f> lis., and costs ,C 2 Ms. lid.; Vacuum Oil Co. T'ropty., Ltd., v. E. Samuel, .£5 7s. 9(1. and .£2 i:)s. (id.; William Moucriefi and liancis lieresford Young v. A. Hell, 18s. Id. and 175.,- J'. Uavimin .and Co. v. W. Isherwood. .£22 Os. 2d. and .£2 Ms.; Kdward Anderson and Co., Ltd. v. W. •Wonlvon, £iS lis. Sd. and .£1 10s.; John Norton v. Roland T. Rofertsou, £j and .£1 (Is. fid.: Wellington Loan Co. v. li. H. D. Welsh. „f,12 Us. and i:U3s. fid.; same v. .7. M. Emerson and J. If. Weight. £10 2s. lid. and J;l 10s. fid.; same v. J M Emerson and W. N. Ward, .£IG lfis. fid. and ill 13s. Oil.; Kidlev and Co., Ltd. v. Walter liobert Hare, 19s. Gd. and Bs.; Charles Clark v. George Rowe, £a 17s. and .« 3s. Gd.; Hill and Barton, Ltd. v. G. 11. Jones, JSI9 Bs. (Id. and- £1 10s. Gd.; -Y/J. "limes" Co., Ltd. v. E. H. Barber, costs 45.; E. Reynolds and Co., Ltd. v. tlivo Sommerrille, .£•! Is. 7d. and os.; same v, Henry L. Rosenberg. £\ 7s. and fa.; Downs Bros. v. John Pauling, £1 and 55.; same v. Lawrence Bnllot, £1 17s and os.; Henry Richardson Elder, Charles Hilgrovo Gosset, and Charles Bruce Morrison v. James Oswald.- O'Siillivan and J-rank O Sullivan fO'Sullivaii and Co.). .£153 7s. Id. and £S Js. -8(1. AX OPIUM CASK. Joe Tong, a Chinese, was charged with having been, on April 10, in possession of opium in a form suitable tor >»SMr Levi, who appeared for Tong, said that defendant had only been arrested on the previous afternoon, and thereforo wished for a remand. A remand till April IS was made, and bail (selt A'ol), and one-surety ,£SO) was allowed. • ■ OTHER MATTERS. For street lighting Thomas Campbell was fined .£!), in default fourteen days' imprisonment. Time in which to pay the fine was refused. Edward Walters, who was found guiltr of a third breach of his prohibition order, was sent to the. Inebriate' Institute at lio'broa for six mouths. Eliza 7ivorelt and Louisa Ticrney were found to be idle and disorderly persons, and both were convicted and ordered to appear for seutencew hen called cm, on condition that they went to (be Solvation Army Home for six months. ' ' : ' i 1