CIVIL BUSINESS.

Dominion, Volume 1, Issue 57, 30 November 1907, Page 7

CIVIL BUSINESS.

(Before Mr'. Justice Button). . LANDLORD AND TENANT. Matilda Frost, wife of Charles Jabez Frost, carpenter, Karori, was plaintiff in an. action against David Pressley Matthews, farmer, Makara, to rccovor possession of a farm at Makara, also £300 damages for nonpayment of rent and'blench of certain covenants contained in the lease of the farm in question. •> Plaintiff claimed to have leased a farm of 103 acres to defendant on April 18 of last year. 'The lease was to bo in operation for a period of seven years, and the rent was fixed; at £o'2 per annum. It was alleged that'defondant had not adhered-to the cov-" ' enants of the lease, ho having been in default in rent'and rates, as well as haying failed to keep l the buildings, fences,: etc., in proper repair. It Was stated that- the flower and vegetable gardens and. fruit trees had been damaged by pigs, cattle, poultry, and horses being allowed to run over them. Tho statement of defence was a substantial denial of the allegations contained in tho statement 9f claim. Defendant counterclaimed for relief from forfeiture under the Property Act, 1905. Mr. C. H. Treadwell appeared for tho plaintiff, and Mr. P. Lovi for tho defendant. Charles Jabez Frost, on behalf of the prosecutrix, gave evidence as to the condition of tho property before and during defendant's occupancy. Extensive damage had boen caused by defendant's stock "roaming freely about tho place. _ Frederick Seed, examined, .stated that tho stock had evidently had free access to tho garden and orchard. John Drummond, Stock Inspector, deposed to the state of .the cowshed when visited by him on July 16 and "23. It was in a very dirty condition. Tho stock were straying all round tho place. Considerable damago had been done to the trees by tho cows. Corroborative evidence was also given by Alfred Mills, Philip Lansdown Ilickes, and Janies Edivin Hodson. Tho case was adjourned until Tuesday, December 10, at 10 a.m.