MAGISTRATE’S COURT.

Taranaki Daily News, 6 October 1922, Page 2

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING* • ■Mr. A. M. Mowlem, 'S3f., presided over the usual weekly sitting of the Magistrate’s Court at New Plymouth yesterday. BREACHES OF BY-LAWS. For leaving a motor cir unlighted in King -Street, (Edward McGuinness was convicted and fined £1 with costs 7s, while Frank Willis was similarly dealt with for driving past a stationary tram car in Devon Street. Neither of the defendants appeared. CIVIL CASES. Judgment by default was given for plaintiffs in the following undefended cases:— Govett, Quilliam and Hutchen v. J. W. Ennis, £2 12s 6d, costs £2 7s; W. P. Nicoll and Co. v. H. Eva, £3B 14s lid, costs £4 9s 6d; Newton King, Ltd., v. Loyal Smith, 6/7, costs £1 Ils 6d; Albert Edward Magon v. Turoa Kahukura, £9 ss, costs £1 18s fid; Standard Insurance Co., Ltd., v. Jack C. Spavin, £4 17s sd, costs £1 3s fid; Cook and Lister v. Louis Jones, £lO 15s fid, costs ,£3 9s; John Avery, Ltd., v. William Arthur Tubby, £5 5s Bd, costs £1 10s 6d. JUDGMENT SUMMONSES. The following orders were made on judgment summonses:—Roy Wildermott to pay J. H. Ensor the sum of £2 Ils on or before November 5, in default three days’ imprisonment; Richard Briggs to pay J. J Davidson the sum of £3 0s 3d forthwith, in default three days’ imprisonment, the warrant to be suspended for 14 days; John Godfrey Boulton to pay R. A. Large the sum of £4 2s fid forthwith, in default five days’ imprisonment, the warrant to be suspended so long as debtor pays to the clerk of the court the sum of £2 before October 19, and the balance then due before November 2. VALUATION AND RENT. Annie Bielawski applied to the Court to fix the valuation of a house and section owned by her in Courtenay Street, >and also to assess the rent shq could charge. The present tenant, Frederick William Schultz, appeared as a defendant to the proceedings. Evidence was given by the plaintiff to the effect that she had bought the property from Schultz for £620 about three years ago. She had spent £4O on painting and doing up the place, the rates were £9 Ils sd, insurance £1 2s, and the rent £1 per week. She considered she could quite easily obtain 30s per week. Evidence was also given by Francis P. Corkill, who stated he had had about forty years’ experience as a valuer-in New Plymouth. He said this was a class of property for which there was an unsatisfied demand in New Plymouth. The house had no sanitary ari'hngementa. and he considered, that £1 or £1 Is per week would be a fair rent, xie would allow depreciation at 2 per cent. Answering defendant, witness said he had noticed that the floors were dropping, while there was also a leak in the (TOOf. No evidence was called for the defence.

His Worship said that they had two valuations, one on March 31, 1914, showing the capital value for rating purposes as £462. and one on March 31, 1922, showing it as £5lO. In the meantime the property had been sold for £620. He considered, therefore, that a fair valuation would be £5lO. In assessing the rent, His Worship took 7 per cent, on £5lO, and, adding thereto rates, insurance, depreciation and a portion of the £4O spent on painting, etc., fixed the amount at £1 4s per week. CLAIM FOR POSSESSION. The claim of William James Shepherd for possession of the shop at present occupied by Robert Lumsaen again came up for hearing, and, after defendant had recited his endeavors to obtain other accommodation, His Worship adjourned the matter finally for one month. ALLEGED BREACH OF COVENANT.. The Public Trustee, as administrator of the estate of F. J. Virgin, claimed from Georgina Grace Black the sum of £129 fis 5d for alleged breach of covenant. Mr. L. M. Moss, instructed by Messrs. Weston and Billing, appeared for the plaintiff, and Mr. A. A. Bennett for the defendant. The claim arose out of the alleged neglect of the defendant to carry out certain covenants in her lease requiring the house to be painted, fences repaired, and the drains cleared. The lease had effect for 7J years, and the farm had since passed out of her hands. After evidence had been given by Ernest Barnes, District Public Trustee at Hawera, concerning his inspections of tue farm and correspondence with the defendant with reference to her noncompliance with the terms of the lease, the hearing ,was adjourned for a few minutes to see if the parties could reach a settlement amicably. On resuming, Mr. Moss stated that an arrangement had been reached, the defendant having agreed to pay £lOO as settlement, the case to be adjourned for two weeks in order that certain matters regarding payments could be arranged. If these were not satisfactorily arranged, the plaintiff would have the right to ask for judgment for £lOO, or proceed with the ease.

PAINTING A FACTORY.

That the sum mentioned in an agreement he had signed ;to paint the Petea dairy factory was not to be binding, formed the basis of a claim brought by Andrew Theo Anderson against the company for £l5, which he stated was due to liim. Mr. R. Brokenshire appeared for plaintiff and Mr. R. H. Quilliam for the defence. Anderson’s evidence went to show that the directors had approached him to undertake the job, but he was loth to do it. and would not. give them a price. An agreement was, however, signed that he would carry out the work for £l5, the company to find all materials required. Proceeding, the witness gave particulars of the amounts he had received, totalling £2O in all. Under cross-examination Anderson accounted for his signing of the agreement by stating it was signed only so that the directors would have some price. The company was to see him right in the matter. After Mr. Quilliam had put in the agreement and the receipts signed by Anderson, His Worship intimated that he would not call on the defence. Plaintiff was non-suited, Mr. Mowlem remarking that Anderson had apparently been treated very well by the directors of the company. Mr. Quilliam interposed that his

clients did not ask for costs, but he desired to state that they were in a position to entirely refute Anderson’s account of the negotiations leading up to his taking on the job.