MAGISTRATE’S COURT.

Taranaki Herald, Volume LXVII, Issue 16505, 5 August 1919, Page 2

MAGISTRATE’S COURT.

CLAIM FOR POSSESSION AND

RENT. In tiie Magistrate’s Court this morning before Mr. W. R. MTvean, S.M., F. H. Jackson and Victor Elliott (Mr, D. Hutchen) proceeded against Hickman F. Russell (Mr. H. R. Billing) for possession of a dwelling and recovery of £2l 15s Od as arrears of rent. Evidence, was given by Roy Goldsworthy, law clerk, to show that defendant had received due notice to leave the house. Frederick H. Jackson, ironmonger, deposed that the house had been sold to Mr. Lewis Jackson, who required it as a residence. The purchaser had pfiid a part of the purchase money and the balance was to he paid when the purchaser completed the sale of another house and obtained possession of the new property. Mr. Hilling moved for the non-suit of plaintiffs, under the War Regulations, on the ground that there was not proper proof that the purchaser required the house for his own possession. He, objected to a request by Mr. Hutchen that tlie latter should bo'allotved to join the purchaser at that stage as a co-plaintiff. The Magistrate held that at the time the summons was issued against defendant the property had been sold and plaintiff' was nut the lawful owner. He upheld Mr. Billing's application and nou-suited plaintiffs on the point of possession. Mr. Billing said he was prepared to pay into court the rent and costs which might be decided on by His Worship, but .Mr. Hutchen claimed, judgment. Judgment by consent was given for the amount claimed and costs. ECHO OF INFLUENZA EPIDEMIC. Thomas Northcott was sued for £3O os by the Taranaki Hospital and Charitable Aid Board (Mr. Ronald H. Quilliam), tlie sum claimed being in respect of the maintenance at the hospital of three of defendant’s children who were admitted' during the, influenza epidemic. Evidence was given by E. T. Holden, secretary to the plaintiff board. Tho defendant said he did not object to paying for his children, but objected to their having been brought to New Plymouth from the Opuuakc district. He had lost his wife and two children through the epidemic and had been put to a lot of expense. Mr. Quilliam said he understood that the defendant had objected to paying on the ground of lack of moans, but the Board considered he could afford to pay. Tho children were brought to the hospital in order that they should receive the best treatment available, the-father being also ill at the time. Judgment was given for the Board for the amount claimed and costs (£3 11s). UNDEFENDED CASE. Judgment for plaintiff by default was given in the undefended ease of the. State Advances Superintendent v. W. A. Scott, for the sum of £ti 11s (costs Ss).