Dispute – March 20th – Ejectment Orders

March 1885

Ejectment Orders

Mr. Barker said in this case he appeared on behalf of the Denaby Main Colliery Company, to ask for an order from that court giving them possession of a house at Denaby Main, now occupied by Richard Haines.

The application was made under the provisions of 1 and 2 Victoria, Chapter 74.

Defendant was one of the colliers that had been in the employment of the Denaby Main Colliery Co. previous to the month of January. In that month there was a dispute between the owners and the men, with regard to the merits of which, they had nothing to do. It was enough to say that the company wished it to be worked in their own way. The result was that the men refused to work on the new conditions.

The men were also in occupation of houses which were the property of the Denaby Main Colliery Co., Haines occupied his house under an agreement, one condition of which was that his tenancy was to be subject to a week´s notice to quit on either side, to be given at any time.

On the 21st January the usual week´s notice to quit was given to Haines, and he had never paid any rent since.

The company had not taken any steps to clear him out until just lately, and now they found that they could not get possession of the house, and were then compelled to come to the magistrates under the statute. If the Bench were satisfied that due notice to quit was given under the statute, then it them power to give a statutory notice that unless Haines gave up possession in seven days, application would be made before the justices. That had been done and Haines still kept possession, and now he was compelled to come before the magistrates and ask for an order of ejectment. Haines had notice to quit on 21st January and they were now in the middle of March, and they could not get him out until about the middle of April.

The other cases were the same as this one, and he thought if he proved the case it would be unnecessary to go into anything further.

James Cramp, a joiner, stated that he was the attesting witness to the agreement produced, and he saw Haines sign it. It was a deed between the Denaby Main Colliery Co. and Richard Haines, and was with respect to a house No.1 Rossington Street, Denaby Main, and according to it Haines was tenant from week to week, and one week´s notice was to be given on either side. The rent was 3s. per week.

Rowland Gascoigne, surveyor, stated that he served the notice to quit on Richard Haines on the 21st January, and he was to leave the house on the 29th January, or on such other day as his tenancy expired. He also served a statutory notice informing Haines that if he did not give up possession application would be made to the justices for his ejectment. Haines was still in possession of the house.

Mr. Hall submitted that Mr. Barker had not made out his case according to the statute. The notice that had been served must be served personally, and the person serving the same must read it over to the person and explain it´s purport and intent. That had not been proved.

The Chairman : He served the notice personally.

Mr. Barker : Yes, and the endorsement says, ” I have delivered it to Richard Haines ; I have read it over to him and explained the purport of it.”

The witness Gascoigne was recalled and said that he had read it over to Haines, and asked him if he understood it, and he said he did.

Mr. Hall : What day in the week did you serve it ?

Witness : On Wednesday, the 4th of March, 1885.

When did you make the endorsement ?

At the time I served the summons.

You did not enter it into your book first did you ?

No I did not.

There is a memorandum in ink there, when did you make that ?

That was made when I got back to the office.

You had a regular armful then ?

I had about forty or so.

Mr. Hall on behalf of his clients submitted that the notices were bad, on the grounds that they were left on a Thursday, whereas the defendants were tenants from Saturday to Saturday, and were entitled to have notices which would end on that day.

The Chairman : That is covered by the words, ” or at such other time as the tenancy expires.”

Mr. Hall : That means anytime of the year.

Mr. Barker held that the notices were perfectly good, because they gave notice to quit on the 29th January, ” or at such other day as the tenancy ceases.”

Mr. Hall agreed to that and said if Mr. Barker would allow him the other agreements and notices they might save the time of the court in the other cases, as before the 21 days expired he hoped something would be done and some arrangement come to.

There were 43 other cases similar to the one above reported, and in each case the magistrates issued warrants for each of them to get out within 21 days.

The Chairman said they had nothing to do with the dispute, but if any arrangement could be come to, it would be a much better plan.

The position of affairs at Denaby Main Colliery remains unchanged. The men hold frequent meeting, and on Wednesday walked in procession to Wombwell, headed by their band.

The amount collected last week by the men was £137 19s. 10d.