MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2180, 19 June 1914, Page 11

MAGISTRATE'S COURT

LANDLORD & TEIWI

THE POSSiSSfQJJ OF A HOUSE

A claim for possa-Ssian of, a bouse ,ind damages, involving an interesting law point, was heard by Mr W. 6." Biddell, S.M., in th-e Mafjistvate's Court yesterday. This 'was a date) by Emma Louisa ■Morrison, wife of John' Laird Morrison, settler, of I'etoiis, to recover J, r ? m . 1 J«fa Stajidwi, clerk, of \\ elluigton, possession of a house known as A'o. 00, The Terrase. It was set fortii in the statement ef claim that defendant .Was in occupation of tho house, as tenant of plaintiff's, and that there had beon no agreement as to the duratfem of tehanev. On April 28 plaintiff gave defendant on© month's notice in writing to deliver up the promises, but defendant .had refused to quit. In consequence of this plaintiff claimed possession of the houso ,ntd damages at the rate of £4 per week as fw>jn-.Mn,v 28, till such date a.s plaintiff might obtain possession.

For the defence Mr, T. Neave submit* ted that defendant bad entered into atf agreement for a-lease df the hottse for a period of six months, oommcncing • in February. Mr., jveave contended that the plaintiff's casc|, roust fail on grounds which ho proceeded to state, isotice to quit had been served oii Aferii 28, This notice expired on Mfty 28, but nevertheless plaintiff had accepted mm for tho houso up till June S." "This'instituted n complete waiver of any nofica- to quit. It appeared, to be clear few that it" lent were accepted it .was an effectual waiver of notice to quit. In SupjHirt of his con.-' tention, Mr. Neave quoted' a deeiston given by Judge Williams in the' English Law Courts, where is was held tfatt the acceptance of rent waived'flotice to quit. Both defendant and lib wife stated in evidence that they had n six ■ rocttrtlis' leas© of tlie house at a rental «f £2 I 0& per week.

Mr. 0. Beerc, who appeared for plain- 1 tiff, stated that defendants kfiew-that tho tenancy had terminated at the witf ■ or May. There had been m agreement for tho reason that there hftdbcen. a diherenco between defendant ami ili* wife as to whose aaroe sho-ald bo- used in such agreement. It. was a. rule tit law that lessecssheiikl. pav tho rates and taxes, but there had been.Bo'agreement' ■ that defendants should pay them. ■ He submitted that at- tho mast, all that; ha* .been agreed ; iipon was that plaintiff i should grant tha dfifeiidaiits a lease. Mr. Beere added thai he relied on See- ' tion 16 of the Property Laws Act, which : stipulated that whore, there was- a ten- • an . c >'without an agreement such tenancy : could be terminated «jt one rooiith's notice by either, parti'. ■ Decision was reserved, tailor sa umrmm. Henry Gotlieb, tailor;,- proceeded ■ ' against Percy Peldeek, officer on. the : steamer Ha,vera, te recover the sum "of < £5 55.,, being tltts cost, of s, suit of- ' clothes cut to the. order of the defend "i dant, but not claiiited o.r paid foif. Plaintiff stated k evidence that de- . '■■ fendant had'com* to ibis shop arid had/ ' -been. measured far a suit, and bad ar- - ranged to call again to "try on." ' He' • had, however, not'eoiiie back again. Defendant denied 'that ha had given ; an order for tho sijit;.' b.tft ho .qAniited. .j having bqeii ineasureci for cm;. •' . > ■ The Magistrate-held that a contract 1 ' had been entered into, and gave jud"- ! ment for' plaintiff for £2 and' oasis. Mr: : A. M. Saiek appeased for plaintiff, im ■■ Mr. T.Neavo.defended. -■'"■■ BREACHES OF AWARDS. ' The. Inspector of Awards Jsx R "T Bailey) proceeded agaijist William Gestro, baker, of WeHiiigtoft s to recover a penalty of £10, for breach of the WM- : lington District Bakers' and' Pastry- '' cooks' Award. ' For the prosecution 'it was alleged, that defendant had failed' to 'pay an employee tho award rate ol- ■ wages.. Defendant pleaded-guUty, and ; was'fined 40s. " • .;,.' ■ Madge 'LamMofV " Quay was.'fined- SOs. oft eafchof two '■"''' breaches of tho Wellington Retail Soft boods Award. The breaches worn fail-''; ure on the part of defendant to pay two employees the 'award rate of wages, i

POLICE' BUSINESS. Police, cases .'at,'yesterday's sitting «| the Magistrate's Court were dea.it wita by Mr. 0. G. A. Cooper, »S;M. On a.-charge of obtaining the sum of £1 lroni Walter Hoek by false pretenses, a young man named Otto Ikcolw pleaded not guilty. Ch-tefrJMecliv-e 1-Jreberg applied tor a remand Wj Jtro-e g-2. which was granted. No application far bail was made. • James Llewellyn' CitUf chouse was remanded till June 26,- cm- a dwrge of theft at Petone of ifflh. af metal, valued at 10s., the ptiaperts? of the Now Zealand Govommoiit. ' Jsr. I l '. W, Jackson, who appeared for tiis- accused, applied for- bail, which was allowed iii the sum of £5; On a charge -of.. •iji-i-.olfpi.et.V, Allan Henry Meagher was convicted and discharged, and on a shsrge of damaging a taxi-cab, the property'of (Jeo, feovwird, ho was ordered to pay the coat of ths damage done, £3, and costs 45,, in default, soven days' iftiwieonmoftt, Qtt a further cliargo of dtaroagimg a constable's hehnot, valued at 95,. 3d., lie tons ordered to pay the cost of tfnf damage done, in default j$ hours 5 imprisonment. May Gibbons was fined £3 far using' objectionable language, ©ai'a charge of insobriety, sho was feed a similar amount. _ Thedcfanlt was fjsed at owe month's imprisonment in eaei ease, For insobriety, Kate'. Brady and Annie Pcet were each fitted £2," in detain It one month's imprisomijent in ewh ease'. Edward Cassidy,. siail-arly charged, ft-is. fined 10s. Five first offe-iiders,*efe convicted and discharged, Michael. Bernard JPiSratb was fined £2 for committing' an objeo'tfonaMft- act-. For soliciting, AmvivbeHa. Bwan.s<m was fined £2, .in default seven days* .imprisonment.' ''..'.