Advice ignored. Order For Possession Made

Northern Advocate, 31 May 1949, Page 5

Advice ignored. Order For Possession Made

An order for the possession of her house in Maunu Road, Whangarei. was made to Marion Rebecca Tudehope, widow, against the tenant .T. S. Humphrey, mechanic, by Mr W. C. Harley, S.M., in the Whangarei Court today. The claim had first been before the court on May 18. At the time possession of the house was claimed on the grounds that Humphrey had failed to pay the rental of £1 a week and now owed £lB. whicl\ was also claimed. Humphrey had stated that he had never agreed to be a tenant, as the house and the section were for sale only. The money he had paid was not rent, but deposits on the property. The magistrate had ruled that any attempt to make a contract for a saleof land was illegal unless first approved by the Land Sales Court and that the money Humphrey had paid could only be looked upon as rent. 1 Mr Harley advised Humphrey then to claim that he had been a tenant of the house. “I do not want to give judgment against you as long as you know that you have to pay this money,” he said during the previous hearing, “If you agree to pay it I will adjourn the case for a fortnight.” DID NOT PAY. Humphrey agreed with the adjournment, and promised to pay the money. This morning Mr H. S. P. Rishwortli, for Tudehope, asked for an order of possession and judgment for £24 in rent, which had not been paid. “HoW are you situated?” the magistrate asked Humphrey. He said he wanted to go on with the case. “We have had this case and we can’t have it again,” replied Mr Harley. He , asked Humphrey his present circum-. stances,, and his chances of obtaining, another house. ‘-‘Have you any /family?" he added. “Just the bare half dozen,” answered Humphrey. Ordered into the 'witness, box he said four of his children were living with him. Their ages were about 9, 17 and-20. - - - - -- “That’s three; where is the fourth?" queried the magistrate. “LOST COUNT." “I have lost count of them now,” commented Humphrey, who explained that three of his children lived at home; not four. In reply to the magistrate’s question as to how long it would take him -to quit the house, Humphrey said he did not think anyone could tell that. The magistrate then made an order for possession against him, the order to take effect on July , 31. Humphrey asked if he could appeal against this decision. “Oh, go and get a lawyer,’’ answered the magistrate.

Mr T. W. Shirley has been appointed branch manager, Atlantic Union Oil Co.,,Ltd., Auckland, in succession to Mr I. H. Collett, who has resigned,to enter a business partnership in Hastings. Mr G. Birnie, of Whangarei, succeeds Mr Shirley as operations superintendent, Auckland.