Warden's Court.

Te Aroha News, Volume XIV, Issue 2091, 2 April 1898, Page 2

Warden's Court.

FRIDAY, APRIL Ist, 1898.

(Before R. 8. Bush, Esq.)

Residence Sites.—H. F. Gofz, application for residence site, Section 1, Block 32, Morgantown. This was objected to by Mr Mackie, who was also an applicant for the same ground. Mr O’Meagher appeared for applicant, Mr Gilchrist for the objector. Mr O’Meagher explained that this site had been in occupation by Mr Mackie for 12 years without any rent having been paid for it, and had been used for a business site during that term His client becoming aware that the section was consequently open for pegging, pegged and applied for same, as he, or anyone else had a perfect right to do: H F Gotz being called, deposed to the circumstances under which he pegged the ground, which , was practically as stated. Cross-ex-amined by Mr Gilchrist ; He stated that this was a bona fide application, that it was not for speculation, that . there were no partners with him, and \ that he intended to build a residence < for himself on the section. By Mr O’Meagher; The Mackie family held between them 8 sections in the one block, hut there was only one house thereon whieh was occupied by Mr ; Mackie and family, the balance of the ; land being used for garden, orchard, etc.

J. M. Hickson, registrar, deposed to number of section held by the Mackies, the last rent paid for the section in dispute was in April ’BB, and for one year only. To Mr Gilchrist : Mr Mackie had asked him occasionally if he could get the section as a residence site, and that he (the Registrar) told him he did not think he could.

Mr Gilchrist, for the objector, stated that the section applied for was practically two, as there was half an acre included, all others.being quarter acres They were willing, if the section was divided to give Mr Gotz. the front half, and retain the back portion on which their cow-sheds were built. The application by Mr Mackie was made practically on his mother’r behalf, as it was necessary that she should have that ground for the proper conduct of her business as a dairy farmer. If deprived of the ground she would be practically ruined. Mr Mackie was prepared to pay all the arrears of rent, at the residence site rates, viz, £1 per annumn.

The Warden expressed himself very strongly against the practice of people holding more than one residence site, a practice which he intended to put a stop to, and he certainly would not grant half an for a residence site, except the situation was on the side of a hill, or where no one else was likely to go. In the case under dispute, it was useless for Mr Mackie to urge that he had made frequent enquiries at the office to ascertain if he could get the section. His plain duty was to put in an application, and let it be decided in Court. Nor was it any argument that all this ground was necessary for the carrying on of the business. If a business, was being carried o.n then a business license should he taken out. In any case people who wanted to carry on a dairy farm should go outside the town, where there is room. Quarter acre sections were not meant for that purpose. He adjourned the case till next Court, as he intended to go and view the ground in question. This decision governed the applications of Wm Mackie and Robt Mackie for sections in the same block.

J. W. Batten was granted a residence site on Section 11, Block V, Lipseytown. Exchange of Title.—The following applications for exchange of title were granted : Harriet McLean and W. Dibsell (3 applications). Machine Site and Tram.—Montezuma GM Co.’s application in this connection was adjourned. The course of the tramway passed through land held by natives, and] also leasehold land. - The adjournment was to permit of an agreement being drawn in order to safeguard the interests of those. parties and provide for an allocation of the rent. Special Claims—Andrew Allen for Taranaki SC. This application was adjourned till next Court to permit of a slight alteration in the plan. C R Farquharson for Great Eastern SC. This was objected taby A Allen, and the application having been withdrawn Mr Mueller, for the.,objector, applied for and was granted costs £2 2s » Claims for Wages.—T McKenna, H Collins, and J D Collins v The Merchant of Venice G.M Co. This was claim for wages in each case for £2 Is. Judgment was given for plaintiffs with costs.

Adjourned Cases.—Anna M Harris y W Roberts, claim for arrears of rent, and right of re-entering section, and Anna M Harris for exchange of title, objected to by W Roberts, Decisions in both these cases, were adjourned from last Court, and His Worship in giving his decision dismissed the objection raised by Mr Moss re improper description of plaintiff in the summons. As regards the exohange of title, he could not see hi way to grant this while there was an encumbrance on the license, at leas! not without consent of being filed. The only thing plaintiff could do was to sue for arrears of rent, In the former case costs were awarded

to plaintiff, and in the latter case to the objector. S.M COURT. A Galder v E W Elkington. Claim for board, £4 9s 6d. Judgment for plaintiff, with costs 6s. F Hunt v W ffouten. Claim ; for goods supplied, £4 2s 7d. Judg- -- ment for plaintiff with costs 6s. " W Beat vH F Gotz. This case was struck out through non appearance of plaintiff. Mr O’Meagher, for defendant, applied for costs £1 Is which were awarded.