S.M. COURT.

Auckland Star, Volume XLIII, Issue 304, 20 December 1912, Page 7

S.M. COURT.

CLAIM FOR RENT. Mr. C. C. Kettle, S.M., gave his decision at the Magistrate's Court tnis morning m a case iv win _ italeigh Peacock claimed from Albert hiuward liewar, of Mauurewa, tlie sum of _\oo, as rent for a farm. Mr. A. E. bkeuon appeared lor tne plaintiff, aud Mr. Hall skelton for the defendant. in this case defendant had taken a three years' lease of a farm at Manurewa from one George Hopkins, at £60 per annum. Last February plaintiff purchased the freehold of the property, a_d assumed all the rights under tne agreement between Hopkins and deiendant. It w_s alleged tnat tne last six mouths' rent was owing. It was claimed that under the terms ot lease defendant was entitled to the use of certain implements, which had been removed by Hopkins, and that therefore Dtwar was only bound to pay a proportionate part of the stipulated rental, deducting a sum for the loss of the use of t_e impiomeuts. An agreement was put into Court by the plaintiff, who claimed that he was entitled to the full amount of the rent. This morning, Mr. Hall Skelton produced certain receipts and documents that had been asked for. He requested Mb Worship to note his objection to the production of the documents, on the ground that they were irrelevantMr. Kettle said the point he had to decide was whether the rent agreed upon was for the farm land only 112 acres at Manurewa, or the land and the Implements. After considering all the facts of the case, it was his opinion that the real intention of thi- contracting parties was that the land only was to be leased, but defendant was given the right to use the implements. Mr. Kettle admitted that there was room for argument, but as the agreement was drawn up by defendant himself he was not entitled to the benefit ot any doubt, if one existed. Judgment was therefore for the plaintiff for the amount claimed, with costs. Mr. Hall Skelton gave notice of appeal. WANTED TO GO HOME. Louis Rove was charged with forcing (himself Into his wife's house after an order for separation hud been gTanted. He pleaded not guilty, aud alleged he was present -with his wife's consent. The wife, wio was represented by Mr. C. E. Miitthews. denied her husband's statement that she consented to his return. Ills Worship said the man had rendered himself liable to three months' imprisonment by his conduct. He did not wish to send the man to gaol. Sister Esther at this stage asked to spe-k. She related a sad story, but said she did not want the man sent "to gaol if he *vould only keep nway from his wife. His Worship said drink was evidently the trouble, but the wife must be protected, lie then pot the man to swear not to go near his wife, but warned him if he did so a warrant would be issued forthwith for three months' imprisonment, and probably finother two years at Itotoroa afterwards. AFFILIATION CASE. Oscar James Ilodder appeared, on bail, to answer a claim for maintenance of his 11----legtimate child. Paternity was admitted, and an order was made for the payment of T/0 per week, defendant to find a surety for £25 for fulfilment of the order. / THE SETEXTH SEPARATION. W. Draper pleaded not guilty to his wife's complaint that he was an habitual drunkard and had been guilty of persistent cruelty. Mr. Hall Skelton appeared for the defendant, and said he was prepared to consent to an order for maintenance. Mr. Bishop (clerk) mentioned that there ; had previously been six separations. ] Mrs. Draper interjected. "All t_rongh drunkenuess," and added: "His mother passes mc and spits at mc every time I pass." Mrs. Draper made all sorts of allegations against her husband's sobriety, which were just as strongly denied, and finally a separation order -was granted, the husband agreeing tn pay 25/ per week maintenance for his wife nnd three children, leaving her the furr_s_ed house.