CIVIL CLAIM

Otago Daily Times, Issue 26748, 17 April 1948, Page 5

CIVIL CLAIM

POSSESSION OF MANSE CHURCH ACTION SUCCEEDS Ruling that it was extremely desirable, if not essential, that a clergyman should have a proper house where he could meet his parisioners in private, and that although there was hardship on both sides, that of the plaintiff’s servant was the greater, Mr A. E. Dobbie, S.M., allowed a claim by the Congregational Union of New Zealand (Mr E. J. Anderson), for possession of a house at 39 Wickliffe terrace, Port Chalmers, from Peter Barr (Mr A. J. Haub), when the case was heard in the Magistrate’s Court at Port 1 Chalmers yesterday. If his client was not successful in winning the case, about 200 members of the Congregational Church living in Port Chalmers and Ravensbourne would be without a minister, said Mr E. J. Anderson. The house in question was the manse for the joint charge, and had been let to the defendant at the end of 1943 when the minister at that time left. This had been done at the recommendation of two members of the church at Port Chalmers because the new minister,. the Rev. J B. Chambers, was then single and was boarding at Ravensbourne, Since then Mr Chambers had married and was now living in two rooms with his wife and baby. If he could not gain the tenancy of the manse he intended to resign. The Rev. F. de Lisle, representing the Congregational Union of New Zealand, said that the manse had been let only on the advice of two members of the church, who said that they knew someone in desperate need of a house, the defendant. It was intended to be only a temporary tenancy, but no written agreement was signed, all arrangements being made on a friendly basis. Mr Chambers was now in an intolerable position, as he could not interview anyone in private and his two rooms were crowded with books and furniture. On December 18 .last year, witness wrote to the defendant asking him to find somewhere else to live, as the manse was needed for the Rev. Chambers, but even after iurther correspondence the defendant refused to move. In September of 1947 the rent for the manse, which containd six rooms, was raised from 27s 6d to 35s by agreement, but the defendant had not paid the increased amount. Evidence was also given by the Rev. J. B. Chambers and Colin George Gray, solicitor to the plaintiff. When he moved into the manse it was on the understanding that he would be able to stay there permanently, said the defendant. His age was 76 and his wife was 73. After the rent was raised he had offered to pay the increased amount but the money was refused, and in spite of all his inquiries he was unable to obtain other accommodation. "If Chambers has been living in two rooms for the past two years he should be used to it by now,” said Mr Barr. The magistrate made an order for possession on or before July 9.