COURT APPEARANCE

Bay of Plenty Beacon, Issue 2, 12 April 1940, Page 5

COURT APPEARANCE

FARMERS AND NOXIOUS WEEDS ! FAILURE TO CLEAR RAGWORjT The first prosecution following the County Council's recent decision to take proceedings against those farmers failing to clear ragwort were brought in the Magistrate's Court on Wednesday morning before Mr E. L. Walton, S.M. Mr T. E. Hamcrton appeared for the Inspector of noxious weeds, (Mr A. Carling) in all cases and evidence was given by the Inspecaor in each instance. The first case called was that in which Charles Henry Swan was charged with failing to clear of noxious weeds certain lands farmed by him in the Rotoma survey district. Defendant entered a plea of guilty. Mr Hamcrton detailed the inspections casrried out by Mr Carling and defendant said that he had attempted to clear the land of ragwort. He had cut most of it but it was in fern country and difficult to get at. He had been making hay in between the two visits of the Inspector. A 10s fine was inflicted with costs at, £1 16s fid. Frederick Archibald Fulton, of Matata, pleaded guilty. li£ said he was lessee of the land for 6nly a short time. He had tried to keep the ragwort under control but had found it impossible. His term of lease of the land to which the charge referred had expired since. Defendant was convicted and ordered to pay £1 2s fid costs. Complaint Dismissed. The question of service of the notice to clear was raised by Mr B. S. Barry, acting for Edward Herbert Howell, of Taneatua. The inspector, had stated that he had served a notice but counsel asked him, in cross-examination, whether the notice had been given to defendant. The inspector said defendant was away at the time and he had given it to his brother. Mr Barry asked witness about the Crown lands and the shortage of sodium chloride. "Do you know it is impossible to obtain sodium?" asked counsel.* "There lias never been a shortage," said the inspector. Witness said, in response to a question, that defendant had cleared more than half the area affected, between his two visits to the property. Mr Howell outlined the efforts he had made to clear the land and said that he had had two men engaged on the work for a month, off and on. He said further that no worli had been done on the Crown lands, The Magistrate then dismissed the complaint, on the grounds that counsel for the inspector had used unfair tactics in referring to previous convictions of defendant. Plea of Not Guilty. Another Taneatua farmer, Eklred Dunstan, pleaded not guilty and said that harvesting prevented him from clearing the whole of his affected lands at the time. Everyone admitted that this season had been the w r ors"t experienced for ragwort* Defendant was fined 10s and £1 0s 6(1 costs. Thomas Davies, with properties at Matahina and Te Teko, was fined £2 and £1 0s fid costs in each case. Edward Farrelly, of Manawahe, pleaded a shortage of labour in his explanation of failure to clear his land. He was convicted and ordered to pay £2 0s 6d costs.