Widnes Examiner. — 1900-11-02 (Widnes, Cheshire, England)

ILLEGAL: DISTRAINT. Case at the Warrington County  Court.  At the Warrington County Courtlast Thursday, Edward Nunneries?, a signal man on the Cheaaire Lines railway, residing at 2, Warrington-view, Latchford, sued his brother-in-'aw,Johnßichardson for damages for an illegal distraint. Mr. Acton, barrister (instructed by Mr Forshaw) represented the plaintiff and Mr A Browne appeared for the defendant, who put in a counter claim for five weeks rent, amounting to £1 73 61, which he alleged was due to him from the plaintiff.—Mr Acton stated that in 1891, the plaintiff's father-in-law ee,cupied the lease of some land at Walton and the plaintiff entered into an arrangement with him to build two cottares on tha land. Accordingly he bought some farm buildings for £3O, which be pulled down and used the building material in the erection of two cettayaa on the and. The plaintiff bad paid something like £BO towards the cost of erecting the cottages and had also lived on the premises himself for a considerable period. The plaintiff resided in one of the cottages and hi father-ii.-law lived in the other from 1891 to July 1899. In July 1899 the plaintiff sold tne cottages by auction and they were bought by the defendant John Richardson. On the 14th of August Richardson called at the plaintiff's house and brought a tent buok with him and claimed rent at the rate of 5s 6d a week. Plaintiff refused to vay it and on the 25. h August a letter was written by Mr Browne demanding payment Pif 11s for two week's rent. No agreement hid been entered into between the parties as ti what rent should be paid. and ,naturally the plaintiff refused to pay it. On the 26:h Decemb-n., Mr Gittens, who was a certified bailiff, entered the plaintlff'3 premises and levied a distraint for £1 13s 01, which was said to be for six weeks' rent, and 73 61 his fee. Plaintiff paid the money under nrotest and now came before the court and asked for damages for what he (Mr Acton) submitted was an iileal distraint.— Plaintiff was called and here out the above statement. In cross-examination by Mr Browne witness admitted that his wife told him that she believed his brother-inlaw had bought the property. Be denied that he tv,r agreed to pay the rent. Mr Richardson asked for 5s 6d per week and he said he would pay 5,, which Richardson would not mccept.—Mr lkowne called the defendant who stated that he fold his brother-in-7asv when he bought the property, and informed him that if be wished to remain in the Pottage he must pay 54 6.1 a week. Plaintiff offered him 53. Mr Browne contended that the Waintiff was a tenant at will at the time of the purchase of the property bythe defendant andwas therefore liable for rent.—Toe judge said he did not think plaintiff was a tenant at will, as from the statement which had been submitted it was shown that he paid his father 41 a week for rent. His Honour also held that there was no agreement betwe.en the parties ler the payment of rent, and therefore an illegal distraint had been committed. He give judgment for the plaintiff for £1 datnaea and costs. He also gave judgment for the plaintiff on the counter-claim, but suggested that in order to prevent any future litigation, the plaintiff should pay 54 a week for the five weeks claimed.  A Warrington Man Hangs Himself. James Lee, a herb beer manufacturer, residing at 64, Hardy-street, committed suicide on Saturday by hanging himself. It appears that he had had no less than three attacks of influenza during the present year, the last one occurring some few weeks ago. In consequence he had been in a despondent state of mind, but had never threatened to do away with himself. At 5.40 on Saturday morning his wife got up and went to work at the factory, leaving her husband in bed. Se returned at 1.15 in the afternoon and found the deceased hanging by a rope from a post which supported a partition in the kitchen. She had the presence of mind to cut him down and sent for the police P.C. Clough came upon the scene hut on his arrival, life was extinct. At the inquest, which was conducted at the Police Station on Monday afternoon, by Mr F A Jones, the deputy clroner, a verdict of " Suicid e whilst of unsound mind " wa3 returned.