AN INTERESTING CASE.

Gisborne Times, Volume XXVII, Issue 2572, 5 August 1909, Page 3

AN INTERESTING CASE.

CLAIM FOR RENT AND POSSES- ‘ SION. At the Gisborne Magistrate's Court .yesterday, before *Mr. Barton, S.M., Frederick Lysnar, slieepfarmer (Air. Burnard) sued Gus Manning, horsetrainer, for £8 16s 6d rent due, and also applied for an order to evict defendant from a six-roomed house leased by plaintiff at Alakaraka. Air. T. A. Coleman appeared for defendant. Air. Burnard said the plaintiff was the owner, under a lease, of the house at Alakaraka and leased it to a Air. T. Butler. Butler left Gisborne in March, and let Alanning occupy the house at the rate of 11s lOd per week during his absence. Alanning was to go out of possession on Juno Ist. as piaintifi desired to transfer his lease. The defendant was notified to quit on Juno Ist., but was subsequently allowed to occupy the>house until after the July race meeting. Butler had now returned to Gisborne, and desired to again occupy tlie house, but the defendant refused to quit, and asserted that he had a lease- of the property from a Air. Aston, who said .he had authority to fix the-lease on behalf of Mr. Lysnar. . . Thomas Butler, horse trainer, said that in February last, he was in plaintiff’s employ He left Gisborne on February 28 last, and asked MamiAng to occupy the house and look after defendant’s property during liis absence. Alanning was to pay 10s per week for the use of the house and Is lOd. a week for a horse, making 11s 10d m MU Witness returned to Gisborne on July Ist and asked for possession of the house. Alanning said he would go out after the July races but had not yet given up possession. To. Air. Coleman: Witness was sleeping in the house since he returned, but had his meals at Air. Carrington s. He told defendant he would not need the house until Airs. Butler returned. Airs. Butler had not yet returned. \\ ltness did not pay plaintiff any rent for the house. Fredrick 3. Lysnar, the plaintiff, said ho held the premises m question under a lease. In May last- defendant told witness mat Mr. Carrington had given him notice to quit, and as'kecl to be allowed to lease the property. \\ it--ness said lie was negotiating with another man to take over the lease and told Alanning that ho would have to leave the liouso. Defendant again asked to be allowed to stay on, and witness said that Aston had taken oyer the lease and told Manning to see him. He had verbally leased the house to Aston, and had instructed his solicitors to prepare the Transfer ready for Aston’s signature. Witness was under the impression that Aston had signeu the deed, and had taken over the lease. This, however, had not yet been done. Witness told Aston that lie would only let the house to some one who was solid enough to pay the rent, and defendant said he would get Mr. i. Hackett to act for him.- Witness agreed, to lease to Mr. Haclcett u Aston could get Hackett to agree. Witness afterwards told Aston not to o-o to any further trouble to find a tenant, as Air. Carrington was going to take the lease. Aston said he had fixed up a deal with Hackett to lease the place for six months with the right of renewal for another six months. W itness said: “That is no good to me, why did you do it?” and refused to recognise the transaction, as lie wished to <mt rid of the lease entirely. AVitncss told Carrington in Aston’s presence that he could have the place. Aston said he would wash liis hands of the whole tiling. Witness demanded possession of the house from defendant, and distinctly told him he must leave the place on July 9th so that Aston could go in.. To Air. Coleman: Carrington _ was authorised to collect the rent. _ Witness went South on July 14tli but instructed his solicitors to get possession of the house before lie left. Carrington had authoritv to demand possession of the house. "Witness did not understand that Hackett was acting as Alanning s backer. . . / . , Gaine Carrington, coach proprietor L living at Alakaraka, said he was aware of the arrangement under which defendant entered into possession of the house,' and had collected £3 in rent. He told defendant in Alay that he must quit tho house on June Ist. Manning asked to be allowed to stay until aitei. the rrices, and witness referred him to Air. Lysnar. , ~ ~ To Air. Coleman: Witness told Alanning that the rent of the house was l()g'a week and each ioosebox Is 10d a Mr. Coleman said lie bad evidence to call, but moved for a non-suit on the ''rounds that no notice to quit bad been given and that if notice had been riven such was bad in law. Air. Coleman held that in the absence of any fixed term for the tenancy the defendant was entitled to a month’s notice to quit. Mr. Coleman quoted authorities in support of bis application for a non-suit. Air. Coleman also asked for a non-suit upon the point that the summons had been issued under section 175 of the A'Lagistrate’s Court Act, and therefore could nob be determined without written notice. Mr. Burnard held that the tenancy of the bouse ended on June Ist, but was extended until after the July race meeting. Defendant’s tenancy had ended and lie was given .notice not only by plaintiff, but by bis solicitors to quit the house. His Worship said be would reserve judgment on the non-suit points l , and he would, in the meantime, bear the evidence for the defence. ■ Mr. Coleman called the defendant, who said lie was a horse-trainer. In February last- lie arranged with Butler to live in plaintiff’-s house while Butler was away with horses. Butler had said witness could have the bou.se at 10s per. week. Witness saw Carrington about a week later and told him he had taken; the house from Butler, Carrington said that Mr. Lysnar owned the house and it was arranged witness should pay 10s a week rent for the house, and Is lOd for a loosebox. He paid £3 in rent on Alay 6th. Carrington after-, wards told witness that Aston had taken the house, and would like to occupy it at once. Witness asked to be allowed 1 to stay over until after the races, and Carrington told him to arrange that with Aston. Witness also saw plaintiff about the matter, and aklced to bo allowed to keep the house until after the July races, but told him,to go and see Aston. He saw Aston and arranged to occupy the house until

after the races were over. He stayed on and paid Aston £2 8s in rent. He saw Aston on July 10th and asked him what day lie wanted to take over the house. AVitncss was still in possession of tlie house, and Butler occupied one of the rooms. On July he signed a document.

Air. Burnard objected to the document being read as the signatures had not been proved. The witness Was then ordered to staff*? down for a while.

Harry Aston, bookmaker, said lie had some conversation with plaintiff about the property. Lysnar said ho would liko to let it. He arranged with Lysnar for a transfer of /the lease to him, but he had not yet seen the deed. On July 10 he told Lysnar that he -would not take the place as the horses ho had to train had gone wrong. He said be' could find a tenant, meaning Manning, and said that Air. Hackett would guirantoe the rent/ The plaintiff said I e was satisfied and told witness to lob the place. He told Alanning he could hu\ o the place and the lease was drawn up by Phil Sheridan with Manning, Hackett and witness as parties. The lease set out that the house was leased to defendant by plaintiff for six months at, a rental of £26 a year and the Bench admitted the document, AVitness, continuing, said that he tc\l plaintiff of the lease he Lad, given. Lysnar told Carrington what witness had done. Plaintiff did not repudiate witness’ authority to lot the place, and he liad accepted £2 Bs, as Air. Lysnar’s agent, for rent from Alanning. To Air. Burnard: He had not told Lysnar he had received the rent. Plaintiff did not ask witness to sign the lease for him. Defendant, recalled, said he remembered Carrington coming to see him and witness told Carrington he had a lease of the place for six months. He claimed tlie right to occupy the house under the deed given him by Harry Aston.

His Worship: This deed does not make Hackett guarantee tlie rent. Hackett only signed as a witness. To Air. Burnard: AVitness said he was in no way connected with Aston in racing transactions. „ Air. Coleman submitted that if Aston had authority to give the lease the case must be dismissed. Even if Aston bad no such authority the defendant accepted the document as bona fide and the Court had no jurisdiction in the case.

Air. Burnard submitted that the Court had power to evict the tenant from plaintiff’s house. It had not been proved that Aston had any authority to issue a lease of the house, the lease was void as between plaintiff and defendant, and plaintiff was entitled to tlie possession of the house. His AVorsliip said it was impossible to give a decision on the case at once, and judgment would be reserved.