Resident Magistrate’s Court.

Marlborough Express, Volume IV, Issue 153, 16 January 1869, Page 5

Resident Magistrate’s Court.

BLENHEIM, MONDAY, JAN. 11th, 1869. [Before S. L. Muller, Esq., R.M.] AUGARDE V. ONION. This case, adjourned from last week, was settled out of Court. AUGARDE V. SMART. This was an action to recover rent, alleged to be due for the use and occupation of a house and ten acres of land, the property of the late Ivanhoe Augarde. H. .1. L. Augarde deposed that he was father of deceased, and that deceased was in possession of the said property at the time of his death; that deceased was unmarried, and that he (plaintiff) was heir to the estate. Had never received any rent from defendant. Considered four shillings a week a very reasonable rent. Had not given defendant instructions to do the work charged for in the set off. Have applied for the rent, but the set off had not been claimed before Monday last, at a quarter to eleven that morning. Applied personally in Christmas week, and told defendant he was empowered to collect the sums due to the estate. Defendant did not mention his claim as a set off on that occasion. Defendant said had an agreement with deceased to live in the house for twelve months free, and to pay three shillings per week after that date. By Mr, Nelson. —Did not ask for rent till Christmas, ’6B. Defendant did not produce any written agreement. Mr. Nelson argued that he was entitled to a nonsuit, the plaintiff having no claim in the absence of a written agreement.

Mr. Pitt said that his client was entitled to the full amount sued for—for use and occupation. John Smart, the defendant, sworn, said he was in possession of the premises in question in September, 1867. Ivanhoe Augarde bought the property in July, and requested witness on the 15th of that month to take cure of the place for him; for so doing he ( witness) was to have the use of the house and land for 12 months free of rent Could not take possession at that time, as he was living at Mr. Carter’s. Took possession in September, 1867. In October, Mr. Ivanhoe Augarde told witness _ work (repairs and improvements), for which "he was to be paid by reduction from the rent, which witness agreed to pay for the second year. Was to pay three shillings per week.J.The plaintiff was the first person ■ who -bad asked him for the rent. , Tpld,' plaintiff at at the time that he had; sent; deceased a bill for £2 3s 6d for work done by : defendant’s wife, making clothes, &c. The other

for £7 6s was for work done on the estate.

By Mr. Pitt.—The whole of the land was not fenced. The garden was fenced with a gorse hedge. Had repaired and improved the hedge and garden. During witness’s absence his wife looked after the place. Was positive that he did not owe any rent at the time of [vanhoe’s death. Did not consider that any rent was due till September, 1869, and that he had no occasion to send in his account until that time.

After a lengthy discussion of the points of law by the learned gentlemen on both sides, the Court ruled that defendant should be allowed a set off for such works as appeared necessary to the estate. The charge for clothing, &c., not to be allowed in this case. The verdict therefore was for the plaintiff for £7 16s rent, with £3 2s costs. The exact amount of the items erased from the set off escaped our reporter; the balance was, however, in favor of the plaintiff. HORNE v. COWARD. Claim for £7 6s, for medicine and attendance. Judgment by default, with 13s costs. GALLOWAY V. ALEX. ALLEN. Judgment for plaintiff for £24 13s Id, with £4 4s 6d costs. LITCHFIELD V. A. CLARKE. Judgment confessed. publican’s license. A publican’s license was granted to Mr. John Ewart, for his premises, “ Ewart’s Hotel,” Blenheim.