MAGISTRATE'S COURT.

Shannon News, 13 December 1927, Page 2

MAGISTRATE'S COURT.

LEVIN SITTING-. The monthly sitting of the Magistrate's Court in Levin was held yesterday, before Mr .1. H. Salmon, S..M. UNDEFENDED CASKS. .Judgment whs entered for the plaintiffs, for tliti amounts named, in the following undefended eases: —M. Marshall v. 11. Townsend, £!> 10s, costs £1 2s; C. If. Bates v. William 8. Paten. £ll ss, costs £2 lf)s; John and William Aitcheson v. F. Ellis, £B, costs £2 Is 6d; G. W. Kingsbeer v. A. Ducrr, £8 ss. costs £2 19s; C. 0. Franks v. F. T. Hodge, £2 15s, costs £1 15s (3d; C. H. Cockrell v. W. L. Williams, 10s Sd, costs 9s; J. C. Albvecht v. S. Mafeta. £1 17s 9d, costs 13s. JUDGMENT SCMMONSES. Orders were made on judgment summonses as under: —

A. Bevan to pay K. Shaw £7 4s <sd forthwith, and .solicitor 15s fid; in default seven days' imprisonment.

E. Eevan to pay J. F. Connor £lB 5s in sums of £5 fortliwitli and £5 on the 9th of each mouth following, and solicitor £1 Is; in default 18 days.

A. P. Burnett to pay Cameron Bros., balance due, £2 lis 3d, forthwith, in default -18 hours.

■'T. Perawiti to pay Atkins Bros., Ltd., £3 Os lOd fortliwitli; in default 48 hours.

T. T. Patuaka Tawehe to pay Carl Neilson £7 lis 7d at the rate of £1 per month, and solicitor 15s Gd; in default seven days. Paul Temahami to pay Jhing Lee £l3 17s (id by January 19th, and solicitor £1 Is; in' default 13 days. S. Royal to pay W. Bull, Ltd., £8 9s at the rate of £1 per month, and solicitor 15s <xl; in default eight, days. CLAIM FOR BENT AND POSSESSION. A claim for possession of a house and £33 as rent Avas made by David Laing against F. Grace. Mr K. E. Adams appeared for the plaintiff, and Mr P. H. Harper for the defendant. David Lang stated in evidence that he was the owner of a property which he rented to the defendant for 15s a week. Kent, was owing for a period from January 12th to November 19th, and he wanted possession and rent due. Mil- Harper, for the defendant, stated that notice to quit had not been received; but Mr Adams contended that this was not necessary, as there was an alternative method of obtaining possession. Lf plaintiff had sold the place, notice would be necessary; but where the rent "was more than a month in arrears such notice was not required. Mr Harper said that in order to establish his right to re-enter, the plaintiff must give one month's notice in writing of the termination of the tenancy, under the Property Law Act. section 16.

His Worship said he would look into the point raised by Mr Adams, but he did not, hold out any hopes. The plaintiff would be entitled to judgment for the rent to date, if he wished to take that.

Mr Adams assented and judgment was entered'for £34 10s, as rent to December 4th, and costs £4 13s 6d. The order as to possession Was reserved. Some months ago J. Sullivan, a County surfaceman at Koputaroa, was discharged from his employment, but lie continued to live in the Council's fiveroomed cottage there, and after he had disregarded notice to quit the Council decided at its last meeting to take action against him. This came forward at the Court yesterday, when the Council claimed possession and the sum of £<i for rent. Defendant attended the Court, and said that he had no money to pay the rent and could not tell when he could give possession to the Council. He had oeen trying to get another house, but all were too dear. He had two children, aged 1(. and 12, and after he was discharged by the Council he had to enter hospital and had not been able to work for some time. "Where rent is in arrears they are entitled to possession as ; matter of right," said His Worship. "It is just a question of what time they will give you." Judgment was entered for £6, with costs £1 15s (id, and an order for possession was made, the warrant for wL!.'i is not to issue till January 2nd.