S.M. COURT.

Taranaki Daily News, Volume XXIV, Issue 30, 5 February 1902, Page 2

S.M. COURT.

Mosday, 3rd Februaav, Before Mr R. L. Stanford, S.M. CIVIL BUSINESS, A case in which D. Berry and Company were plaintiffs was further adjourned by the Ceurt, the parties bar-' mg already paid for two adjournments. Mr Weston appeared for plaintiffs. Auckland UlothiDg Co. v A. Bassett, claim £2. No appearance of defendant. The claim was proved by Mr A. Goldwater, manager of the company,] and judgment entered up for the amount claimed, with costs sa. AN EJECTMENT CASE. P. W. Richmond v. Johanna and Bridget O'Brien, claim for possession of a tenement. Mr Quilliam (Govett and Quilliam) appeared for Mr Richmond in support of the application, and Mrs Johanna O'Brien appeared in person.

Mr Quilliam said this was an application to recover possession of a tenement, uccupied by Mrs Johanna O'Brien aod her daughter Budget. The proptrty formerly belonged to the Taranaki Hospital and Charitable -Aid Board, and was sold in October last to Mr Richmond, the applicant in this case. Notice of the purchase by Mr Richmond was sent by letter to defendants with a request to give up patession, and stating that no charge would be made for use and occupation if possession was given peaceably without recourse to legal proceedings, Mr Quilliam called P. W. Richmond, barrister and solicitor, of New Plymouth, who produced the certificate of title, and copy of letter ssn*, asking defendant to vacate. He received no reply, and defendant refused to vacate the tenement. He tuld her the consequences, and the prtsenfc action was the result.

To Mrs O'Brien: You paid me no rent. I never asked you for any. I sent you a letter giving you notice to vacate the place. I understood you claimed to have been put in possession by Mr Saell. Addressing the Court, witnesi said: The Hospital Board had no title to the land for a time. It was originally a reserve for hospital purposes made by the Provincial Government, and had at last been properly vested in the Board, and then purchased by witness. Mrs O'Brien said plaintiff had no title to the place; slia had been there over 21 year*, and those who put her in could put her out. She had been put in there by the Provincial Government, and was now 71 years old, and did not intend to go out. She did not claim the land, but the right to live in the house, and would never leave it alive.

Mr Quilliam reminded the S.M. of a former case in connection with the property. The S.M., addressing Mrs O'Brien, said she had no shadow of a right to remain there, and must go out. He remembered the whole case, and if she refused to go out quietly, other measures ivould he taken. Mrs O'Brien: I'll never go out, your Honor. Mr Quilliam asked for a warrant of ejectment, The S.M. said be would make the order. He thought reasonable time should be given, and would make it one week from date. Addressing Mrs O'Brien, the S.M. said: You will have to be oat by n«xf Monday, Mrs O'Brien, or steps will be taken to obtain possession. Mrs O'Brien: Thank you, your Honor; but I shall not go out, youi Honor. Oostg were also granted to applicant. The Oourfc rose.