MAGISTRATE’S COURT.

Horowhenua Chronicle, 17 December 1926, Page 6

MAGISTRATE’S COURT.

LEVIN MONTHLY SITTING-. (Before Mr J. H. Salmon, S.M.) INDECENT LANGUAGE. Charged with having used indecent language on the Levin raoecouise on November 20th,' Frank Edlin pleaded guilty. Constable Bagrie stated tlrn the defendant jumped over the fence on to the lawn, and the gatekeeper went up to him to collect the amount of 10s for the man’s right to be on the lawn. An argument took place, ami the defendant, who * had had a few drinks, used the language complained (f. Luckily for him there were no women or children about. This was the first time that the defendant had been -before the court. - _ A fiim of £2, with 7s costs, was imposed, mrl defendant’s request for a month in which to pay was grantee. : , y was fixed at 14 days’ imprisonment. JUTTING THE COEN EE. W. 11. Bain and Co., of Palmerston North, wore charged with a breach of the Borough, traffic by-laws referring to the rule of the load. Constable Baglie seated that on October 30 he saw a demonstration, motor car D 493, driven round the right-hand side-of the notice “Keep to the Left” at the corner ot Queen and Oxford Streets. Defendants, who were not repiesentcd, were fined £l, with costs 7/-. . A similar charge was made agamm Tom Holmes Hill in respect of an offence on October 23 at the same intersection. The breach of the by-law had been admitted by defendant, who did not appear, and a fine of £l, wit i costs 7s, was imposed. UNDEFENDED CASES. Judgment was entered for plaintiffs for the amounts named, with costs, m the following undefended cases: Abraham and Williams, Ltd., v. Henry Hudson, £0 ss, costs £1 10s 6d, Hoicwhenua County Council v. James McGill, £176 8s 9d, costs £3 4s 2d; same v. F. C. Hand, £65 7s 3d, costs £4 15s Gel- W H. Gunning and Co., Ltd., v. Jack Mishewski, £3 15s, costs £2 16s Cel- W. J. MacDonald v. A. Reid, £7 7s, i-nsis £1 13s 6d; Abraham and Williams, Ltd., v. J. MeDcnald, £23 17s 6d, costs ';4 4s 6d; Carter Bros. v. H. J. H. Paroiison £3 8s Sd, costs £1 os 6d, S. N. Stilwell v. F. Bell, £lO 15s 9d, costs £3 8s 6d; same v. Romeo King! £2 10s, cosls £1 3s 6d; same v. Kerc Carter, £23 2s sd, costs £4 9s 6d; J. F. Thorne v. Mare Muruahi, 10s Id, cosis 8/-, same v. K. Newcombe, £7 6s Id, costs £1 1S? 6d; 0. B. Gilmour v. J. C. Randall, £l2 2s 6d, costs £2 14s; John Klne v. Marc Muruahi, £1 3s 6d; On the claim of Devine and Watkins r gainst Agnes and Noah Buckstone for £3l 18s, Judgment was given for the plaintiff by default against both defendants and a&■ against the separate estate of the female defendant, with costs £4 8s 6d. JUDGMENT SUMMONSES.

Orders were made on judgment summonses as follows: —Abraham Royal to :,av John Klue £ll 12s Id at the rate ,jf £1 per month; the first payment to l>e on January Kith; in default 10 days’ imprisonment. Harold Creswell to pay William E. Apps £7 4s 9d forthwith, in -fauic six days’ imprisonment. Joseph Howell to pay Robert John Acheson £3 19s <3d at the rate of 10s per month; first payment on January 16- * in default four days’ imprisonment. Join McGregor to Thomas Forsyth assignee of E. D. Beil) £29 18s lOd at tire rate of £1 per month; first payment January 6th, in default 28 days’ imprisonment. Tini McDonald to pay Forsyth (assignee of E. D, Bell) £3 Is.-before December 25th; in default two days ’ imprisonment, G. 0. Patton to pay the Trade Auxiliary Co., of New Zealand, Ltd., £5 at the rate of 6s per month; first payment January 16; in default four days’ imprisonment. T. Patuaka to pay Harper and Merton £2 10s before January 16; in default two days’ imprisonment. Robert John Achesrn to pay Arthur Edwin Tasker £4l 3s 6d at the rate of £2 per month; first payment January 16; in default 39 days’ imprisonment. T. Patuaka to pay T. Richards £4 9s 6d; in default four days’ imprisonment.

CONSTRUCTION 01' A LEASE. Ngapevu Taueke, aborgiual native, of Levin, proceeded against Alice McDonald, wifa of Lindsay Graliam McDonald, farmer, of Levin, claiming to ecover from the separate estate of the defendant the sum of £B2 Is Sd as the proportion of the rent of a Native Land Court section in Horo'whenua Block XT, ;'rcm August 1 1925, to August 1, 192(1, payable to plaintiff. The section was eased to Mrs McDonald on August 4, i 914, by the plaintiff and Tiripu and .lapeta Taueke. Plaintiff farther claimed the sum of £27 7s 3d, as the amount of rent payable in respect of her share of the- section as successor to Tiripu Taueke, who died on October 31, 1916. The total claim was thus £lO9 Ss lid.

Mr Aehesou appeared for the plaintiff, and Mr Park for the defendant. In opening the ease, Mr Aehesou said that the facts were not in dispute. The cnly question Avas, what Avas the rent payable under a memorandum of lease made betAveen the plaintiff and others snd the defendant. There Avere four original oAvners of the land, three of whom executed a lease to the defendant in August, 1914. These Avere three Tauekes, one being the plaintiff in the present ease. Tiripu Taueke died, and succession Avas granted to the other three OAvners, who included the plaintiff. There Avas a fixed rent for the first 10 years of the term, Avhich expired in 1924. This rent Aims £175 15s 3d, being 5 per cent, of the GoA'ernment A-alua-tion. Further provision Avas made in the lease for a rental of 5 per cent, of the unimproved value after August 1, 1924; the unimproved value to be ascertained by GoAmrnment valuation. There was no dispute as to Avhat the Government valuation Avas, namely, £4925. Five per cent, of that amount Avould be £246 ss. It Avas not disputed that rent Avas oAving from August, 1925, to August, 1926. The point at issue Avas, Avhat was the rent payable under this lease? There Avere four original oAvners, three of Avhom signed the lease. Me submitted that the Avhole of the rent of £246 5s Avas payable to the three who signed the lease, irrespecti\'* of the number of oAvners Avho Avere in the block; and payable, Avhere they had died, to their successors. The plaintiff was entitled to one-third of the rent

by her own right in the lease, and to one-third of one-third (one-ninth) as a successor to Tiripu Taueke. Mr Parle stated that two brothers and two sisters had owned the laud’ in common m equal shares Three of (hem’ together executed a lease to Mrs McDonald. That disposed cf three onefourth shares in the block. Hari Taueke ’s share was leased to another party, but was subsequently transferred to Mrs McDonald. Plaintiff’s counsel woui 1 have to hold that the lessee had to pay rent on land which did not belong to the lessor which was absurd. The ren : should be o per cent, of three-fourth of the Government valuation. His Worship stated that he would look into the case, which was a ques lion of construction. The next sitting of the Court will be held on January 28.