POSSESSION OF TENEMENT

Timaru Herald, Volume CXXXVII, Issue 19807, 24 May 1934, Page 4

POSSESSION OF TENEMENT

DEFENDANT SECURES ADJOURNMENT PERSISTENCY REWARDED A defendant unexpectedly received an adjournment of a case in the Magistrate’s Court yesterday after Mr C. R. Orr-Walker, S.M., had refused his application because no grounds were submitted in support of it. The defendant was George Smith, who was proceeded against by C. H. Manning for possession of a tenement and £2l in rent. Mr Mervyn Raymond, for plaintiff, opposed an adjournment, stating that defendant had had plenty of opportunity to consider ihe matter, and possession of the house was wanted “I want to see you personally,” said defendant, who asked that the case be adjourned for a week. The Magistrate: If it is about this case you cannot do that. Defendant That is no good. I want an adjournment for a week first, and then I want to see you afterwards. The Magistrate said that the Court must have grounds before an adjournment could •be granted. Defendant handed up a paper to the Magistrate and said that he had plenty of grounds in his pocket. The Magistrate reminded him that he had already had 21 weeks to consider the matter. ‘‘lt is the adjournment I want,” said defendant. The Magistrate: You cannot get an adjournment, by merely asking for it. Defendant: I ask for it. The Magistrate: Well I must refuse it. Defendant: I am asking for it. I can do no more than that. Clarence H. Manning said that he had let the house to defendant in 1930. There was no arrangement as to term. Defendant: Yes there was. It was 25/- and then £l, and now I want it brought down to 10/-. In reply to the Magistrate witness said that he had given defendant notice to quit some time ago. The Magistrate: Has he paid you any rent since he was served with notice to quit? Witness: Yes. The Magistrate: “It looks as though defendant is going to get his adjournment after all." He explained that if defendant had paid rent and it had been accepted after the notice, that notice was no longer legal. Another would have to be served. Mr Raymond: I will ask for an adjournment then. The Magistrate (to defendant): “You see you have been successful in getting your adjournment although you have not given me any grounds.” He said that the adjournment would have to be for a fortnight as there would be no Court next week. Mr Raymond: Perhaps that will give defendant time to get out. Defendant made another application to see the Magistrate privately. The Magistrate You cannot see me privately about this case. You will have to see me in front of the other side. The case was adjourned for a fortnight, defendant appearing to be well pleased with the decision.