MAGISTRATE'S COURT.

Taranaki Daily News, 2 July 1919, Page 2

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Mr J. W. Poynton, S.M.) Judgment by default was given for plaintiff in the following undefended cases:— ;L-*~i*Siaii£l Andrew Smith (Mr H. R. Billing) v. W. H. Stone, £14.176 Ud (costs £1 Ms 6d); Wes,ton and Billing (Mr Billing) v. Matene Raharuhi, £4 17s 8d (costs £1); R. W,,Ourrin (Mr A. C. Lawrey) v. Albert Ward, £1 10a (costs 10s) j if. H. F. Washbonrne (Mr A. A. Bennett) v. Charlie Ward, £ls 15s 2d (costs £1 16a 0d). '■- CLAIMS FOR POSSESSION.

A native woman named Ngawaipawa, of Okato, proceeded against Frederick H.-Williams, settler, Okato, for possession of a house on section 0, Okato town belt, and £ls ren,t due, .. Mr S. B. Fitzherbert appeared for plaintiff and Mr A- A. Bennett for defendant

Mr .Fitzherbert stated that the sum of £3 had been paid, and would be accepted aa.sßitlement of ,the claim for rent, and the only question was that of pos' session.

Wm, J. Gray, farmer, Okato, gave evidence as to the ownership of the property and as to how the Williams' came into possession. They went into the place, and undertook to look after an old native who had a life interest in the place. Williams, however, found he was so dirty, they could not have him in the place. He had since died and the property came to plaintiff. Defendant had taken the place on a six months' agreement about two years ago. JTo Mr Bennett: There were no places 'in Okato that he knew of. Mr Wooldrudge had an empty house, but witness did not know if it was to let, or if it >was habitable. He had only seen it as he passed by on the road. Plaintiff, in evidence said her husband died about two years ago. She had 'five children, and wanted the house for her own use, so that she could bring her children near to a school. She had tried to get another house, but had been liable. "■ "She had no other property of h(!i- own, and she could not continue living with her aunt and her family any -longer,, 'She had asked. defendants to leave the house several times, but they had refused to . Mr Bennett said he had some difficulty iij determining just the amount of notice to quit that was necesasry in the present case. He thought in the absence of anything to the contrary the agreement for a six ■ months tenancy should be deemed to be renewed from time to time, and that notice should be given terminating the tenancy at the -end of such term, or at least one month's notice should be given. The Magistrate said that as the property came under the Native Land Act no one but the Public Trustee could give a lease of it and the agreement was really valueless. , in his evidence said the jtoyuse was not in a Very good state, th^ouglf'better s now than when he first "iojok possession. The ground also he JNd— -ploughed--and-,-,sown. in,...-grass,. Wooldridge's house was the only empty place he l knew, of district) Jtnd that wa's not lit' to live in, 'having" no "yindoHJf'in",itj;" it possible to get boarding accommodation .jn'i vi .... 5 ... •'•" sNo furtherevidenceiJw/is cilied'ahos an order was made for possession on or before A«gfiW^astiiplin.tiff, l b i e1og;; allowed £{s 15s- B4V coats.--—,...■■,- v :l . s . i'-. •;,:,;.'

''., Edward J.,L. Payne, law clerk, New Plymouth, Jl(* Winder, railway guard, for-possession of a house-,.jn^endarves,,jg ; treejt. ~,,, , ;." Mr appeared/fat. 'ptyintiftysaid it appeared'to be tijin >M?..tb,r be ;?Jncapye)?i' encei Plaintiff said lie hadJbfiught the house aijd required it for his own use. He hid given a ,S»9BWs had ejjpiredon June 2. On account of not beW aMe"ts'§et possession he had had ?tbl go 'hito ladings and send hiß» and' iebsld aM*y':l-!is&. sqpefendant—admitted- having.- raceked. littotiee to quit. When he received the ißotice->, he and f his soldier son- looked, to gee what they could and, ,after much searching, came to the eon-.-elusion! that 3*e only thing for- them-'! to do was to buy* They succeeded in buying a place that suited them and were now awaiting possession of it. Witness said he }md brought up nine children, five, of whom, were. still ■at home, and four going r to BchaoL He had -dlscussjdtthe, position with Mr Payne, who had. agreed not to take action against hjin, &rid he was very surprised to get the ■summons. .The rent had : been raised on him and he asked the Magißtra.te.Sf it was. legal for the: owner to increase the rent to more than 8 per cent on -the capital value.

The Magistrate said it was too late id discuss"* th*rt: While he -was sV>rry he.was compelled to make 4n order, .£ud was given tilt w*sgasi Ist, to meate .-the plaae.