PAPAKURA S.M. COURT.

Franklin Times, Volume 9, Issue 712, 7 March 1922, Page 7

PAPAKURA S.M. COURT.

A sitting of the Magistrate’s Court was held at Papakura on Monday, February 27th, before Mr. McKean, S.M. For being on licensed premises after hours, Patrick Sullivan, Arthur Mills, Robert Christie and Jack Gault, were fined 30/- and costs, in default seven days’ imprisonment, and Gault was fined a further £4, in default three weeks’ imprisonment, for refusing to give his name to the constable (who found the men on the premises of the Papakura Hotel at 10 o’clock at night.) POSSESSION OF COTTAGE AT WEYMOUTH. John Evans, of 'Weymouth, plaintiff, sought to recover possession of a 2-rooined cottage from F. Spencer. Evans stated in his evidence that he had let the house to Spencer at 14/- per week, but after the first week’s rent had been paid, he alleged Spencer told him another man was coming to Weymouth, and he would want another cottage for him, so he let the two for £1 a week. The other man did not turn up, and Spencer went on paying the 10/- a week. Evans wanted the cottage for his man, who had a wife and three children, and was now living in a house that was not lined or papered, and the roof leaked. When serving Spencer with notice to raise the rent to 15/- a week, which he delivered personally, Spencer knocked it out of his hand, and his wife picked it up and threw it in his face. Evans stated that 15/- was a fair rent, as he had been offered £1 from an Auckland lady, but admitted that this only obtained in the summer months. P. H. Walker, called, stated that he was a married man with three children, and was living in a cottage with no lining and no paper, and the roof leaked, and every time they lit the fire the smoke chased them out. He stated that it was not fit to live in in the winter time. He admitted that he lived in a tent for a time, and there was another cottage he could have gone into that did not leak. He worked for Evans, and understood he was to get Spencer’s cottage when it was vacant. L. J. Mills, called for the defence, stated he valued the cottage at £175, and considered 8/- or 10/- a week would be a fair rent to pay, and 15/a week in the summer months. F. Spencer,, who refused to give evidence on oath, stated Evans quarrelled with everyone in Weymouth, and only wanted the cottage because he chose to get his groceries and provisions from an opposition shop. He stated that everyone that lived in the cottage got sick, and he wanted to vacate as soon as he could. He reckoned he would be about a fortnight building his new house, but on bein& questioned by the Magistrate he admitted that he had not got a section to build on yet, but had one in view, but he could not tell where it was, as it was a secret ami Mr, Evans wanted to find out. The Magistrate pointed out that the Act in relation to tenements being altered, he would have to find in favour of the plaintiff, and ordered possession, the warrant to be suspended for one month. Judgment was given for £7/10/rent, expenses £2/14/-.