MAGISTRATE’S COURT

Bay of Plenty Beacon, Volume 11, Issue 63, 6 August 1947, Page 5

MAGISTRATE’S COURT

MONTHLY SITTING LENGTHY CASE ADJOURNED The monthly sitting of the Magistrate’s Court took place on Tuesday, Mr E. L. Walton was on the bench. Cases were varied and one of these, consisting of a claim and counter claim, was adjourned until the September sitting of the court. Liquor Cases Three Maoris appeared on liquor charges. Raymond Hohua was fined £2 with costs 10s for aiding a person or persons unknown in the supplying of liquor to a native for consumption off licensed premises. No appearance was made by the accused. When accosted by Constable McMath accused had been in possession of beer. He said it had been given him by a pakeha but would not divulge who it was.

Barney Eansfield and Sidney Rangihika, who appeared, were fined similar amounts on like charges.

Drinking Near Dance

Dawson Tocker and Arthur Edmund Shaw were each charged with consuming liquor near a dance hall while a dance was in progress. The accused did not appear. Constable Julian said that the accused had been found by him sitting in a truck outside the Caledonian Hall while a dance was in progress. Each had a glass of ale in his hand. Both accused were fined £3 with 10s costs. Taking Game Laurie Hataraka was charged with taking native game in a sanctuary area, the Matata lagoon, and with taking native game with the aid of a firearm, a .22 rifle. Pleas of guilty were entered. Accused was represented by Mr Otley. Messrs. S. A. MacNamara, Conservator of Fish and Game, and K. Francis, District Ranger gave evidence.

Ranger Francis said that he received information that accused had committed the offences and the following day had interviewed him at Matata. He made no attempt to Conceal anything and had admitted the offences. He had heard as a side issue that -the accused had been dared to do this witness replied in answer to a question by Mr Otley. Accused had only fired .one shot and had desisted when asked to. He did not hit anything.

Mr MacNamara then defined the meaning of the expression ‘to take’ within the meaning of the Act. The Department was having a great deal of trouble with the area in question and a stop had to be put to occurrences of this nature. Mr Walton said the fact that accused was dared was no excuse for his action. He had committed the offences within the meaning of the Act and would be fined £3 with costs at 10s on each charge. Straying Stock Tom Keepa was fined £2 with 10s costs for allowing three horses to wander at large on the road. On a similar charge concerning one horse Kereti Keepa was fined £1 with 10s costs.

Joseph Dodd was fined 30s in respect of two horses found on the road. None of the above appeared. CIVIL CASES MAINTENANCE ORDER William Hohua was charged with disobeying a maintenance order in respect to his wife ancj one child. He did not appear. In the case of the wife he was £96 15s in arrears and in the case of the child £SB ss. Accused was sentenced to three months on the first charge and six weeks on the second, the sentences to be cumulative. Possession Order Granted An order for possession within one month in respect of a cottage at Otakiri was . granted Leonard Winters. The defendant, Mary Reid, did not appear. Plaintiff stated that two years v dgo Mrs Reid had asked for the house for a period of two months as she had nowhere for herself and her child to go. She had promised to leave on several occasions but was still in residence. She was in arrears with the rent to the extent of £2l 6s 3d. Judgment for the plaintiff for that sum was made and the order granted.