POSSESSION OF HOUSE SOUGHT IN COURT: WOMAN’S DILEMMA

Grey River Argus, 20 April 1948, Page 6

POSSESSION OF HOUSE SOUGHT IN COURT: WOMAN’S DILEMMA

The story .of a woman, who' although §he .owned several. houses was living in very cramped conditions at the back-Of .a shop, herself, was related to Mr. A.. A.. McLachlan,. S.M., 'in the.. Greymouth - Magistrate’s Court yesterday, .'When an . action, for tenancy of a house in Arney; Street was brought, .by Mrs. I. D.--Intemann. The tenant of the house had been in it fQr 11 wears,-.arid/ever ‘ since- Mrs Intemann ‘ bought the property-- iri 1939. ' *•' Mrs Intemann was -represented -by Mr W. D. Taylor, and the tenant, Eric Swift had Mr A. M. Jamieson for .counsel. A claim - for arrears-m rent was Withdrawn,--'as the amount had been paid prior to the hearing. In evidence, th*ri plaintiff said that she sought possession of the house iri which Swift was at present residing because she and her family were in unsuitable quarters at the rear of a cafeteria in Boundary Street, owned and worked by her; husband. She had five children, and with her m two rooms in the Boundary Street quarters were her husband, a son aged six years, and a daughter aged 11. One daughter aged 14 years, was living with a married sister, and another daughter aged 15 was .living in a bach by herself. There were six rooms in the house occupied by Swift. In reply to a question by Mr Jamieson, Mrs Intemann agreed that she owned other houses apai;t from the one of which she sought tenancy, but added that she had not taken action to get one of them as they were too large and created too much work. “You can’t have it both ways”., commented Mr McLachlan, adding that perhaps the girls could assist with the work. He said that the Court had a terrific job to see that houses were utilised to the maximum for accommodation purposes. “IT’S KILLING ME” Asked by Mr Jamieson, Mrs Intemann denied having told Swift that as the house was old she wanted possession so that it could be pulled down. She added that she wanted a place for her growing family, and was not proposing to abandon the shop, but felt that she must get away from. it. “It’s killing me”, she stated.

“If it’s killing you, why do you not leave there?” asked the Magistrate, who said that there were plenty of people after businesses such as the one the Intemanns. had.

Mr Taylor commented that the Intemanns had taken the shop* as a living. Witness complained of the “moaning” of her tenant, and said that he was five months in arrears with the rent. She was sick of houses, and when she had bought the ones in her possession she had not been able , to se,e the day when she would be, without one herself.

Dr. D. M. Logan gave evidence of Mrs Intemann’s nervous condition, part of which he said could be attributed to the worry of the shop. He had, however, not seen the house in question, and could not say that it was better quarters than those at present, occupied. However, with regard to her health, he said that if it did not improve, she would not be able to carry on at the shop. WEEK-END HOUSEWORK Eric Swift, the tenant of the disputed house, said that he had been there for 11 years, and that recently he had separated from his wife, and had two children living with him. They were boys aged 14 and 11, and the ’ compactness of the house was such as to enable him to do all the housework on week-ends. He had made enquiries from land agents and friends as to the possibility of obtaining other accommodation, but was unsuccessful. If suitable accommodation'were available he would he willing to move. Swift said that Mrs Intemann had told him that she wished to gain possession in order that the house could be demolished. The house had received one coat of paint in the time that he had been there whilst •Mrs Intemann had been owner (since 1939) and he had wanted the copper and some spouting fixed up. That was the reference to “moaning” made by complainant. The rent fixed was 15s.

The rent had got into arrears when he had had difficulties with his wife; he stated in repl” to a question from Mr Jamieson.

Mr McLachlan said that there was a feeling that the matter should be dismissed off-hand. However, the Court decided to inspect the property yesterday afternoon. GAMING HOUSE CHARGE Edgar -Oscar Haussman, 40, painter, appeared for using his premises,. No. 3, Geraldine Street, as a common gaming house. Detective Sergeant N. Thompson said that when accused’s house had been visited he had received £l3 5s in race bets. He admitted that the money was from betting, and had not previously been before the Court. Haussman,' who pleaded guilty, had nothing to say, and was fined £25, with 10s coSts. Selling liquor after houfrs cost Hugh Silvester Dowling, of the Blackball Hotel, £2, with 10s costs. Irene Ryan (Mr Taylor) was fined £2 and 10s costs for being on a race track while the same was being used for a race meeting, she being a person excluded from there, having been convicted of a gaming offence. She was found on Victoria Park at the Westland-Grey Trotting Club’s meeting on March 29. She was convicted in 1940 for keeping a common gaming house. FOUND ON PREMISES Three men found on licensed premises after hours were each fined 10s with 10s costs. PETROL QUOTA BREACHES Two local petrol re-selling concerns were each found guilty of a breach oi the Oil Fuel Regulation in that they exceeded their February petrol quota. Izabella McGlashan, of McGlashan Motors, Ltd., was fined £3 and 10s costs for exceeding her quota- by 13 j_ gallons. Part of this was stated to have been used while doing services for other concerns, including the Railways Department, and as an emergency station. Eergamini and Cowan were lined £2 and costs for exceeding the allocation by 175 gallons in December.

BOY ASSAULTED Leonard Reinheimer, of Cobden, was fined £5 for assaulting a six-year-old boy. 'lt was stated that accused saw some small boys up an apple tree obtaining fruit on February 26 last, but they evaded him. However, they returned later in the afternoon ana were caught by the owner. He struck one boy about the buttocks, and marks on the boy’s body, showed that some of the blows had been severe. Reinheimer was represented by Mr W. D. Taylor.

SHORT MILK MEASURE A milkman, Lester A. Miller, pleaded guilty to a charge of selling short measures of milk. A complaint was lodged \Vith the Inspector of Weights and Measures, Mr D. C. Brayshay, whb conducted the prosecution. Miller’s milk had been checked and it was found that there was a deficiency of .'one gill in two pints, or about a sixteenth. Mr Taylor appeared for Miller, arid it was stated that there was a quarrel between complaintant and the vendor, Miller refused to carry the milk

to the top of the hill, and left it at the gate at the bottom, and there was ill-feelin Miller "was fined fl R , n d cos t s - Frederick Painter appeared tor permitting a horse to roam oh the mam highway near Ahaura. The horse had been hit bv a car. Which, had overturned and been fairly extensively damaged. After the. hearing of evidence, the'case was dismissed on condition that defendant paid £1 16s od expenses, and costs. ’ LIQUOR NEAR DANCE HALL Douglas Gifford Moore (Mr Taylor) was fined £2 with 10s costs for consuming liquor in the vicinity of a dance hall. The offence* took place at Sturge Street Hall, Cobden. MATCHES IN MINE For taking matches in to the Wallsend coal-mine, W. J. Cook was ordered to pay 10s costs'., and the c.harge was dismissed. It Was stated that Cook was a “new chum” in the mining industry and that he was not quite conversant with the rules of procedure. - . Cecil Thomas Haddock and Reginald McNaughton were each fined £1 and 10s costs for casting offensive matter in a, public place. The former offence took place in Gresson Street on March 26 and the latter in Boundary Street on March 21. Riding a cycle along Hart Street, Blackball, at night when it- was not lighted cost Archibald H. Fluerty 10s and 10s costs. DEBT CLAIMS Judgrnen't by default 'for plaintiff was given in the following cases:— W. T. Newsome v. Graham Herrick £3l 9s 8d costs £4 7s 6d; Commissioner of Taxes v. William Burns, junior. £53 17s 2d, costs £2 7s; S. J. A’Court v. W. J. Reid £l6 2s 6d; costs £3 4s; T. B. Brown v. Emily Sears £3 9s 7cl costs £1 4s 6d.