MAGISTRATE’S COURT

Evening Star, Issue 19662, 15 September 1927, Page 6

MAGISTRATE’S COURT

Til UR SDA Y, SEPTEM BER 13. (Before Mr J. R. Bartholomew, 5.M.,1 UNDEFENDED CASES. Judgment by default, with costs, was given iu each, ol tho following cases; F. O'Connell v. A. Frame, £2, goods supplied; Lawrence Williamson and others v. Percy Smith, £ls 15s, rent due; M'Gregor Bros. v. Albert Cook, £. r 'Ms 9d, clothing supplied; Bray Bros. v. 11. N, Mills, £1 Ids 3d, goods supplied; same v. W. Inglis, £3 Its td, <roods supplied; R. Hudson and Co., Ltd., v. E. Frost (Inglewood), £lO Its 3d, goods supplied; M‘Lean's, Ltd. v. Reuben Stewart (Invercargill), £1 10s, clothing supplied. JUDGMENT SUMMONS. J’, Leo was proceeded against by A. V. Bacon on a judgment summons. Judgment debtor did not appear, and h 3 was ordered to pay tho amount claimed, £1 10s 3d, together with 12s costs, m, default live days’ imprisonment. TENANCY CASE. Eliza Agnes Glass and Helen Glass, executors ol the will of Jane Glass, claimed tho .sum of £l7 10s for tho rent of a dwelling situated at No. 21 Bradshaw street. Mr F. Barnett appeared for the plaintiffs and Mr H. LCool: tor defendant. Mr Barnett said ho intended to plead that the rent restrict ion legislation still applied to the tenancy, but it was not claimed rent was excessive. Mr Cook contended that the llEo Act did not; apply, and that the case was governed by tho 101 G Act until August I, D 27. Any order made to fix the standard rent eould only date from August 1, or such later date as tho court might decide. Mr Barnett explained that the defendant entered into possession on September I'J, .1320, at a rental of 20s per week, lie paid weekly until April 30. when he censed to pay at the agreed rent, defendant vacating _ tho premises on August h. He submitted that hv vacating the premisesdefemlant had lost his right to invoke the old legislation. Mr Cook said the homo was let on August 3, 1314, at a rental of 9b per week, and if plaintiffs had wanted an in crease 1 gey should have applied to the co'ii'l. EviiF-nee was given by Mary Janfl Kimmond to (he effect that she had rented the house for a period of ten and a-half years, the rent being 9s per week. The Magistrate said tho rights or the parties were governed by the law at the time the 'tenancy came into operation. The law had been altered in August, and the case was governed by the previous Act.' Plaintiffs could onlv claim 9s per week up till the end of ‘July, and 23s per week for the period between July 21 and August 6His Worship said ho would leave the matter to the solicitors for tho respective parlies to work out th« amount