LOCAL COURTS.

Alexandra Herald and Central Otago Gazette, Issue 1211, 10 December 1919, Page 5

LOCAL COURTS.

WARDEN'S. , Before Mr E. D. Mosley, S.M. Friday, sth December. Application by Earnscleugh Gold Dredging Co., Ltd., (Mr Bodkin) for a special dredging claim of 43 acres at Earnscleugh. Adjourned for survey. • Josiah P. Lane (Mr Bodkin), for 6 months protection over water laces Nos. 984, 12G4, 1595, 580, and dams 973, 1445, 501G3. Nos. 980, 982 were dropped out of the application having been affected by the Warden's judgment, in the suit dealt with that day.—There luing no objectors, protection was granted for six months. A. W. Marshall (Mr Bodkin) for a branch race from Golden Beach race.—Adjourned to next court day 12th February. Cecil M'lntosh ( Mr Bodkiu), farmer, residing at Earnscleugh. .Application for a branch race from Blackman's Creek race.—Formal evidence was given by the applicant, and there being no objectors, provisional license j was granted. j

Robt. King (Mr Bodkin) for branch race from Golden Beach race.—Adjourned 12th February. A. W. Whittleston and* party (Mr Bodkin), coal lease, also adjourned to next court day. Pat- Rabill, surrender of portion of water race and application for branch race--Both adjourned. MAGISTRATES. -—Case £ot Possession of Hotel.—-

M'Kelloek (Mr Calvert) v. J. Wallace (Mi- D. Oooke). Mr Calvert in opening the ease said that his client, the plaintiff, was the owner of the Criterion Club Hotel, Alexandra, and the defendant was the tennut. The defendant went into the hotel in July 1914, taking over the existing lease from the previous tenant. This lease expired in April 1917. and since then no other leas* hud been fixed up. The defendant had been given notice to vacate the- premises last July, but he refused to have. The plaintiff desired possession of the premises, a new tenant waiting to go in. Counsel submitted the correspondence which had passed between : the parties. In the earlier letter a the defendant denied liibility to execute certain repairs required by the Licensing Committee, on the ground that he was only a weekly tenant. Latet the defendant argued that a piomisu of a lease bad bei-n given to him. This the plaintiff denied.

Mr Cook for the defendant admitted that the old lease had no right of renewal clause. His client, tbo defendant, had not been consulted in the sale to the new tenant, and he (counsel) held that according to the terms of the expired lease, this made this new contract invalid. Tbo plaintiff had accepted rent from the defendant for i!j< years, had allowed the position to drift all that time, and ho (counsel) held that there existed a constructive agreement to give a lease.

After hearing evidence from the defendant (Mr J. Wallace), the magistrate in giving judgment stated that the case was very simple. It was admitted that tho lease expired in 1917. No attempt had been made to negotiate for a renewal, both patties being content to mark time. The premises must be vacated, and the court would order that possession of the premises be given to the plaintiff or his agent on or before 17 th •January, 1920. Costs allowed plaintiff for evideuco taken at Christchureh court costs 7s, solicitor's feo 21s, witness 10s ; eoste of this hearing court Ids, solicitor'.-, feo £2 2s.