MAGISTRATE'S COURT

Chronicle (Levin), 13 April 1946, Page 4

MAGISTRATE'S COURT

MONTHLY SITTING fN ' LEVlft NO POL1GE CASES .The monthly sitting of the Magistrate's Court was held ih Bgym yesterday morning, when Mr. A. M. Goulding, S.M.-, presid'ed; The cdlendar compffsed trahsp'ort breaehes j and civil cases, there being no pblice prosecutions. . . Overloading of Bus Kenneth Percy Watts (Mr. N. M. Thomson) was charged that being the holder of a temp'orary licehse to'o'perate a bus service to the Otaki races on February 2, 1946, he did c'arry an excess loadingv of passengers. The defendant pleadbd guilty.

Inspector Kehoe, for the Traffic j Departmentr, stated that on the day i in question he observed the defend- j ant on the main south road oper-i ating a temporary service to- the Otaki races, and carrying ,^an excessive load of passeng'ers. When'1 the bus passed him on the road, ! p'assengers were- observed crowded into the luggage comparlment and throughout the passage-Way of the yehicle. A count at the point of d'estination revealed that 5i aduhs and one child alighted from the b'us, whereas the certificate of fitness authorised the Conveyance of 23 seated passengers and severi standing. He regarded the onence as a serious one, ipsofar that the crowding of the luggage co'mp'artmeht With passengers eonstituted a grave blockage of the emergency exit.

Mr. Thomson, counsel for the defendant, stated that Wattk Motors, Ltd., who were virtually the dbfendants, had been operating an excensive bus service for 24 .years, dnd had built up a reputatio'n second to norie, having had ohly one cohviction recorded against them in that period. It was the first trip of its kind the defendant had uriddrtaken since extended service overseas. The fact of overloading was hot disputed, but any suggestion of it being a deliberate action was denied. In entering a conviction, His Worship emphasised the obvious danger to the public of such overloading in the event of an- accident. The defendant was fined £5, With 10s costs.

Excessive Speeding Peter John Ward, Who' pleaded guilty, was convicted and fined- £2, ; With costs 10s, for operating a heaVyj motor . vehicle within the restricted j area of the Levin Borough at a I speed in excess of 25 miles p'Cr hour. j Robert Patrick Phelan, charged i (a) with riding a motor cycle at a! speed exceebing 40 miles per houf and (b) Without having an effective silencer attached to the 'cycle Was convicted on both courits an'd fined £2 10s, with costs 10s, on the hrst charge and £1 1'Os, with costs 10s, in the second instance. -; No Warrant of Fitness Arthur Stephen Avery and Glifford Noel Andrews respectively charged with operating a nfotor vehicle without a warrant of fitness were each convicted and finea15s, with 10s costs. No Driver's Licerise Charles Henry Avery, charged with operating a motor car without a driver's license, was convicted and fined 30s, with costs 10s.

Failure to Keep to Left James Anthony Person was convicted and ordered to pdy co'SiS j amounting to 10s for failing to keep j to the left side of the roadwayj whilst driving a motor vehicle. Claim for Possession I An applieation by Margaret j Waters Thomson (Mr. D. P. Todd) j for possession of a dwelling housej from Cecil D. Melville (Mr. B. H. | Rhodes ) called at the previous sit-i ting of the court was struck out. ; At the previous session counsel ; for the defendant submitted thati the claim could not validly be advanced as his client was an exhomeserviceman, and came witnin che protection of the amendment to fche Fair Rents Act, whereas it was stipulated that where the tenanfc of any dwelling house to which the principal Act applies is a serviceman or the wife or widow of a serviceman, and the landlord is not a serviceman, then, notwithstanding anything to the contrary in tne principal Act, no order for the recovery of possession of the dWelling house, or for the ejectment of the tenant therefrom, shall be made on any. 'ground excepting those of failure "to pay rent, to take reasonable care of the p'roperty or to be guilty of conduct that is a nuisance.

Concurrence having been given by counsel for the plaintifE that homeservicemen came within the meaning of the term servicemen as used in the Act, His Worship, who fiad so interpreted the Act at the earlier sitting, struck out the claim.' Claim Sustained Further hearing Was take'n o'f & claim by Roberta Chester (Mf . N.' M. Thomson), of Shannon, for possession of a dwelling house from Riehard Norman Saunders and adjourned from the sitting o'f October last to permit of attempts being made to secure alter'hdtive acbohimodation. Ernest Chester, husband of the plaintiff, said that he had now taken the tenancy of a house in Thompson Street, Shannon, as suitable alternative accommodation for Saunders. Neces'sary repairs wo'uld be eifected by the owner, who was quite willing that Saunders and his family shoukl be adm-ittied as tenants.. Witness tendere'd medical evide'nce as to the inconvenient nature of the house at present oecupied by .himself in view of the

indiiferent health of his wife. Walter J. Guinan, health inspector, gave evidence of inspecting the accommodation offered and, subject to the suggested repair work being effected, considered it reasonsibly ^atisfactory. The defendant stated in evidence that he declined the alternative accommodation offered, on the grounds that it was too restrieted for . th^. requirements of his family. His Worship made an order for possession as from June 7, 1946, subject to necessary repairs as stipukted by the health officer being carried o'tit in the meantime, with the added proviso that the verandah of the house offered, or portjon therebf being converted to a.slefeping porch to accommodate one person. Civil Cases Judgment by default 'was entered ih the foliowihg1. case&:-^-W. Davie v. j. O'Donnell, £15 -16s 6d, court costs £1 7s, translation fee 5s, solicitor's fee £1 ils. Deyirie and Watkins' v. Whata Pau, £14 3s, translation fee 5s. solicitor's fee 15s 6d: L. S. Carmichael v. R. Morris, £4 ls lOd, ccfsts £1- 10s, solicitor's fee 15s 6d-.