"RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 582, 13 June 1873, Page 3

"RESIDENT MAGISTRATE’S COURT, CLYDE.

—o — Wednesday, June 11. (Before AY. L. Simpson, Esq., E.M.) W. Facho v. R. Westwood.—Claim 15?. damage to building by removal of fixtures and value of same. Mr. P. J. Wilson for plaintiff; Mr. Brewer for defendant. The particulars of this case are : The defendant was originally the owner of a property in fee simple (i.e. was freeholder), and mortgages the s'ame. (Failing to meet his engagement as stipulated for in the mortgage, the mortgagee forecloses and sells The incoming proprietor rents the property ( consisting of a section of land, building, fixtures, aud out-buildings, to Westwood who, during his tenancy, removed the fixtures. The evidence taken was in proof of the property removed being fixtures. For tbs defence it was argued that they were 'not fixtures within the letter of the law, and not being particularised in the mortgage, Westwood, as the original owner, possessed the power to remove them. Mr. Wilsbn argued that, being attached to the land and to the house, they were fixtures, and by the foreclosing of the mortgage all title to them was vested in the mortgagee, or to whom the property might he sold, and in support of his argument cited “ Woodfall’s Law' of Landlord and Tenant, page 519,” —“ When the owner of an inheritance annexes thereto fixture s which would in ths ordinary case of laud lord and tenant he removable by' the latter during his term, for a permanent purpose aud for the belter enjoyment of his estate, they become part of the freehold.” The principle upon which the rule of law that fixtures pass with the soil is relaxed in favor of trade, hut has no application where the parties who affix the machinery are themselves owners of the soil, nor where a conveyance 'or mortgage in fCs is made of tne building or land to which trade or other fixtures are then or subsequently affixed. Even au assignment of a lease, with all fixtures, &c., will pass fixtures which the tenant might remove during the term. II is Worship said the citation sot the question kt rest. The property moved was undoubtedly fixtures, aud he must give a verdict for the plaintiff, which w'as accordingly recorded, for 91.; costs of Court, 195.; and professional costs, 21s. In default of payment, immediate execution. Atkins v. Westwood. —Claim 10?., the amount of a dishonored promissory note. Verdict for the amount and costs. Same v. Same.—Claim 17?. 10s.; amount of 1.0. U. C?. 10s., and for work aud labor done and goods supplied, 11?. 3s. lu the above cases it was attempted to bo proved that the promissory note and 1.0 U. had been paid. The evidence, however was so foggy' aud contradictory, the Bench said they' Would give no credence to it, and the account of items being objected to only in one item to the extent of 1?., which was uphold, judgment was given for 10?. 19s. and costs of Court. In default of payment, immediate execution. Atkins v. Hotrie.—Settled out of Court. Waddell v. Sie leborg.— Claim 19?. 10s. The defendant! admitted| the claim and asked for time. Judgment for the amount claimed and costs. E. Smithain applied for transfer of general license of the Sydney Hotel to Janies Holt. Postponed till Tuesday, the 17th hist, WARDEN’S COURT, CLYDE. —o— Wednesday, June 11. (Before W. L. Simpson, Esq., Warden.) J. C. Chappie, as Secretary of the Alexandra Steam Dredging Company', appeared to support an application for a special claim of two and a half miles of the Molyneux, fur dredging purposes. Mr. Siedchcrg ; Mr. G. Clark, on behalf of the Pneumatic Dredging Company' (Registered); Mr. Hastie.’for the Cly'de Dredging Company ; Mr. Boole, for the Dunstan Miners’ Association ; and Air. T. Sims, the bolder of a river bank claim, appeared in support of objections lodged agafnst the application. The principal grounds of objections wore that the area applied for was excessive, would create a monopoly, would limit the present holders of dredging machinery to very limited areas, would bo an act of in justice to parties who have dredging machines in course of construction aud others who were contemplating the construction of machinery', and the placing of so lergo a scope of the river in the hands of one company would act very prejudicially against the interests of the number of water-race and claim holders on the banks. The Warden said the application, together "with his report and the objections, had to he forwarded to his Honor the Superintendent, and thence to Wellington. Ho would, to set the matter at rest, lose no time in forwarding his report, and would ask for an immediate consideration of tke same.