MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 989, 2 December 1910, Page 3

MAGISTRATE'S COURT.

(Before Br. A. M'Arthur, S.M.) INTEREST TO TENANTS. A LAW MADE IN 1730. An interesting reserved decision was delivered at the Magistrate's Court yesterday, in the ease in which. Susan Lamberg, widow, of Wellington, sued Albert Silvanous Collyer, butcher, of Wellington, to recover tho sum of £10 17s. 2d., being payment at tho rate of double yearly value of certain land and premises,, namely, M per week from October 6 to October" 24. Mr. Wedde apneared for plaintiff, and Mr. Anderson for defendant. Alter reviewing the claim, tho magistrate said:—This is a claim under SecWon 1, Landlord and Tenant Act, 1730. J- his is a penal statute, and must bo construed strictly. Tho facts aro virtually admitted, and the only question is whether the Act applies in tho present case or not. Counsel .for the defence aslced for a non-suit on the ground that plaintiff ought to have proved dama»e. Nowhere can I .find that it is necessary to prove damage, and, in my opinion, a non-suit must be refused. It appears to me .that the judgment of Lord Chief .Baron M'Donald in Wright v. Smith meets the present case. ... . It cannot bo said that the defendant had any fair ground of defence, or that he asserted any title to the land and premises. The defendant's title.to the lands was clearly up on October 1. . . . It may be hard, and doubtless is, on the defendant under the special circumstances of this case, but there is.no doubt, that, he wilfully held over undeniable.possession of the section. Judgment was accordingly given for plaintiff for the amount claimed, with tho usual costs. CAB PEOPEIETOR AND MANAGER. Richard Patrick Flanagan (Mr. A. Blair), cab proprietor, of Wellington, sued rhomas Patrick Lyons (Mr. ilacnell), cab proprietor, also of Wellington, to recover the sum of £& 18s. id as damages for alleged breach of agreement.. Defendant counter-claimed' £iO, which it was alleged plaintiff had made on a deal in horses during timo he should have been devoting his services to defendant , s business. There were altern mi Ve count ?r-olaims for lesser amounts Ihe plaintiff, it was stated, had been in defendants employ as manager, the engagement being subject to termination by three months' notice on either side. For certain' reasons plaintiff had given three months' notice on September 8, but was told to go on October 1, and paid to. that date. H«, therefore, claimed wages at £i 10s. per week from October 1 to December 8. After partial-hearing, the case was adjourned until this afternoon. UNDEFENDED CASES. Judgment by- default Was . given for plaintiff in following undefended cases— Wellington Publishing Co., Ltd.. v Charles Young, 159. 6d., costs Bs. ; same v. Charles Savage, £1 10s., costs 55.; same- v. Mitchell C. - Lawson. £li, costs 155.; Henry Wrigley v. James M Quade, 65., costs Us.; "Wanganui Chronicle" Co., Ltd., v. Gilmour and Bafdsley, £3 125., costs 125.; John Tofts v. William Henry M. Stevens, £2 Is., costs lls. j Prank M'Govera v. Archibald Edward Francis Thomson £2 7s. lid costs 135.; John Norton v. Thomas O'Hagan .613, costs ,£1 10s. 6d.; G. Hardt and Co., Ltd., v. Robert M'MUlin. £5 Is. ,5d., costs £1 3s. 6d.; J. H. Playne v. Alfred Warren £2 2s. lid., costs Us. • JUDGMENT SUMMONSES. James Kirkwood was- ordered to pay £16 2s. 4d. to H. A. Smith and Co. on or before December 15, in default U days'lmprisonment. No orders were made in the followin" casss:—South Pacific Mortgage and Deposit Co., Ltd., v.-Te Koroneho, a claim for ,£6 3s. Sd.j.H. N. Hansen v. A. A. 'Adams, a claim for jES. ' ' (Before Mr. W.- G. Riddell, S.M.) DAIRYMEN'S \ A. Holt and J. Brotherton, dairymen, claimed .£3l 4s. 6d. from D. Eeidv, expressman, for milk supplied. Mr. "C. RDix appeared for plaintiffs, and Mr. K Kirkcaldie for defendant.' It was admitted by the defendant that the milk was supplied to him in 1906 when he was rumng a milk-round, but the supply was stopped without definite notice,, and defendant, therefore, counterclaimed for .£SO, damages for tho loss of his business, alleged'■ to be due to plainfaffs action. . Decision was reserved.' until DeoeniPOLICE CASES. . John. Reed and James Wallace, who were charged with drunkenness, both had ! prohibition orders issued against them. Tho,former was sent to gaol for a month, and the.latter.for 21 days. A nrst-offending inebriate, who did not appear, was fined 10s., in default 21 hours' imprisonment! William Cunninsham, charged with indecency in Abel Smith' Street, was sentenced to 21. days' imprisonment.'