MAGISTRATES COURT, CLYDE.

Dunstan Times, Issue 711, 3 December 1875, Page 2

MAGISTRATES COURT, CLYDE.

—o— December 2ml, 1875. (Before W. L. Simpson, Esq., R.M.) J Hazlott v. Corporation of Clyde.—This was an appeal against the Animal Assessment, on the ground that valuation is excessive. Mr F. J. Wilson apo»ared f"P npoe l, snt ; on the part of the Corporation the Town 0 ok was present; together with Mr J. U. C'mbridge, one of the Assessors. The followin'* describes the propcrHc-, the amount of assessment, and the amount reduced Sec. 5. block XXIV.; secs. 1, 2, 3, and 4, block X.; secs. 15, 16, and 47, block XI ; s p c. 5, block 11., vacant sections assessed at £3, reduced to £2 each. Blocks 31, 32, 33, a«d 34, the whole fenced in, and comprising 26 acres, assessed at £lO, reduced to £ls. brick dwelling-house and store-room at roar thereof. Assessed at L3s—reduced to L 32 I Os. Sec. 18, Block XXVI, together with store-room ‘hereon. Assessed at L3o—reduce! to L 26. Stab'cs on Crown Lands. Assessed at Llo.—the total reduction being Ll9 10s. Sir F. D. Bell v. Sinnnmon. was .an action of Ejectment under Sec. 82 of the Resident Magistral's Act, and was to recover possession of c°rtain lands held in fee simple by the plaintiff, and occupied by the defendant’s property known as the Ida Valley Hotel an 1 store. Mr F. J. Wilson, who appeared for the plaintiff sail, the desire was to obtain possession of the land, and the removal of defendants property, and explained that the tenancy was merely one at will. The defendant in answer as to why the Court should not grant the' Order sail, he had nothin* to say as he did not consider himself the defendant, he having some time since sold the property and his right to the ground, and that he merely appeared in answer to the summons. Tlie Bench—You are the defendant, and the order will he as against you. Donald Stronach, manager of the Ida Valley Station, the property of Sir Dillon Bell, was examined, and said he had several times given notice to move. Possession of the land was only wanted. Did not wish to interfere with the buildings. Defendantcame on totliegrmind without permission. ,He dors not hold any title to the Ground. So long as defendant carried on business there was no desiro to interfere with him ; but as he has allowed his license to lapse Sir Francis D. Bell had ordered his removal. Mr Wilson said it was not so much that defendant was required to remove the residence of the family, as it was that the hotel buildings, which vas a harbor for the Station hands, should be removed, , The defendant would be allowed weeks, perhaps months, to remove his dwelling-house. Shearing was about to commence, and the place was wanted away, as it was a nuisance to the Station, and he would ask for au order for instant removal. The Bench -I will make the order to have all buildings removed by Ist January. Defendant—lt will take three or four months to shift, and then where to shift to would he a question, I have made no provision for the removal of my wife and family. The ’’ench—ln making this order, against which there is nothing advanced by defendant, I have to take all the circumstances into consideration. The fact of shearing just about commencing on the Station cannot, interfere. It was known by plaintiff that shearing would come oh about this time, and action could have been taken earlier. As to the inconveniencing defendant, he knew he had no title to the ground, and that he was liable to be removed at any time. It was entirely his own -fault, and had no one to blame but himself. The or-, der of the Court would be that defendant remove all buildings off the ground on or before the Ist January next, and pay costs of hearing, 34s ; and 2ls professional foo. Defendant—l do not consider myself the defendant, and it is of no use making an orrter against me. The Bench—The order is against you, and nn’ess yon remove the property by the date fixed upon it will have to be removed by force. In the District Land Cmrt and Warden’s Court there were several applications and other matters dealt with.