MAGISTRATE'S COURT.

Taranaki Daily News, 21 December 1920, Page 8

MAGISTRATE'S COURT.

CIVIL BUSINESS. A Magistrate's Court sitting was held at New Plymouth yesterday, Mr. T. A. B. Bailey, S.M., presiding. TENEMENT CLAIMS. The adjourned case of C. T. Bundle (Mr. C. H. Weston) v. James Bielly (Mr. Fitzhrrbert) was called on. Regarding the question raised last Court day, on behalf of plaintiff, as to whether a tenant was now protected by law, Mr. Weston said that the Statutes Repeal and Expiring Laws Continuance Bill put the matter beyond doubt, this legislation extending the protection. It was stated for "defendant that an offer had been made to plaintiff of three rooms.

Sis Worship said he did not feel disposed to make an order.. An application was made by Mr. Weston for an adjournment for three months to enable plaintiff to prove that defendant could get a house, the contention being that up to the present no effort had been made to find another residence. The application was granted. A for possession, preferred by A. J. Rookes (Mr. H. Billing) against, W. J. Priar (Mr. A. Bennett), was based on the grounds that plaintiff required the house for his own occupation. A notice determining the tenancy was given on October 15. Arrears of rent were also claimed but had been paid into Court. A claim by the previous owner for rent had been confessed by Priar,

Mr. Billing- said the property consisted of a house and five acres. Defendant, who was a carrier, grazed his horses on the property, and for this reason it did not come under the definition of a dwelling house, as set out in the War Legislation Act. I'V the defendant, Mr. Bennett submitted that the fact that there was rent owing to a previous owner was not of any importance in the proceedings, particularly in view of the fact that the rent was regularly paid until Priar had a serious illness necessitating a lengthy stay in an Auckland private hospital. He had made endeavors to find another property but none suitable was procurable.

Evidence by defendant, was given on the above lines. He stated that owing to inability he had not done any work for twenty months. In view of the disabilities under which defendant was carrying on, Hw Worship decided to adjourn the case for four weeks.

Mr. N. Pike (Mr. Hutchen) claimed possession of a house from B Joll (Mr. Standish) on the grounds that the rent was in arrears, the amount owin" bcin« £3l 2s. ° For defendant, Mr. Standish asked for an adjournment till January 17, for time to pay, and said defendant would remit £lO off the amount at once. At present the whole of the family was ill.

His Worship said that as the house was not required for occupation he would grunt th» reaueat. H« did so,

however, only because of the special circumstances. A MOTOR ACCIDENT. Arising out of a motor collision, Robert MAJi-cock (Mr. H. Billing) claimed from Mohorangi (Mr. P. B. Fitzherbert) the sum of £l9B 14s, damages. The liability for the accident was admitted, the question for the decision of the Court being the assessing of Jhe amount The claim included £34 14s lOd, for garage repairs incurred, and the balance of the amount was made up in depreciation, which it was claimed that the car had sustained through the accident, and loss of custom, through the car being out of use. After evidence, His Worship gave judgment for £OB 14s, with costs £9 14s. .