OTAKI MAGISTRATE'S COURT

Chronicle (Levin), 13 April 1946, Page 2

OTAKI MAGISTRATE'S COURT

APRIL SITTING The monthly sitting of the Otaki Magistrate's Court was held on Thursday bef ore Mr. A. M. Goulding, S.M. • Defective Chimney Agnes McDougaii (Mr. Rhodes) claimed from H. Miles the sum of £20, representing the cost of a chimney erected by him, and which had proved faulty and had had to be removed. Plaintiff stated that from the fir'st the chimney had not given satisfaction. It was improperly constructed and the Hutt County Council had given instructions for it to oe demolished. This was corroborated by plaintiff's sister, Isabella McDougaii. Defendant stated that he had been given instructions to erect the chimney un'der certain conditions, and had done so. He was told to build it on the old foundation, and at the time had pointed out that it would not be satisfactory. However, when the v/ork had been completed he had tried a fire in it and found it to be alright. He was prepared to pull the cnimney down, but was not prepared to repair the house. Judgment was given for £15, with court costs. Motorist's Breach Alex. Francis Zachan was charged firstly with driving a motor vehicle at Waikanae without due care and attention, and, secondly, with passing another vehicle without having a clear view of the road for at least 300 feet. Roa Calwell stated that she was a police constable residing at Wellington. On March 3 when proceeding along the main road at Waikanae she noticed a car approaching, with-another one just behind it attempting to pass. She promptly applied her brakes, otherwise there might have been an accident iilvolving three cars. Constable Calwell told the court that he was in the car driven by the previous witness and corrohorated her evidence. . . A statement was submitted for the defendant, in which he- said that he had been driving for years and had never been involved in an accident, nor. had he ever been convicted. Hfe had never exceeded 40 m.p.h.'- "'i'r ' A fine"of"£2 was inflicted. Defendant later appeared in the court and said that he had come from Hawke's Bay. He said that he was unaware at the time that he had cbmmitted a breach. The fine was amended to 10s, with 10s costs. Meat Not Labelled

Two charges were brought by the police against B. Deakin (Mr. C. F. Atmore) , firstly, that he sold mince meat which was not labelled as required, and, secondly, that he sold mince meat containing "a greater proportion of pre'servative substance than was permitted. Health Inspector W. J. Guinan stated that on March 6 he visited Deakin's shopj made an inspection of the meat and found the breaches stated. Mr. Atmo/e submitted that Deakin had been in business for a number of years at Otaki, Waikanae, Paraparaumu and Paekakariki, serving customers en route. At the time the offence was committed he. was shorthanded on account of sickness with his staff, and that a boy had been, left to attend to the preservative. It was evident that the boy had put in more preservative than ordered. The fact that the meat had been in the refrigerator had also made a difference, it being damp on the underneath side compared with the top, which was dry. This was due to the preservative going downward. Defendant stated that he had no knowledge of the amount of the preservative put in, the matter bel'ng left to his assistant. Clarence Kershaw stated that he 'had given instructions to the boy to attend to the preservative, and he had evidently put in more than he

should have done. It was a busy day, while sickness had caused the staff to be shorthanded. Mr. Atmore asked the Magistrate to take into consideration the fact that the staff was shorthanded. His Worship accepted the submission that the staff must have carried on under difficuities, but held that more care should have been taken. Very little labelling had been done in the past", but it was very necessary to exercise more care. On the first charge a fine of £1, with , costs 12s, would be inflicted, 'and ofi the second, a much more serious breach, the fine would be £5, with costs 10s. Excessive Speed William Deller was prosecuted by Inspector Peters for excessive speed. Defendant considered that he bad not exceeded 30 m.p.h., but his speed had been up to 28 m.p.h. He had driven for many years, and this was the first charge to be laid against him. The Magistrate took into account defendant's clean record and imposed a fine of £1, with 10s costs. Travelling at an excessive speed cost David Philips £1 10s, with costs 10s, while for having no driver's license a fine of £1 was imposed, with 10s costs. Inspector Peters ihformed the court that the car's-

speed was 40 m.p.h., and defendant was not in possession of a driver's license. For exceeding the speed limit C. H. Croker was fined £2 10s, with 10s costs.. Inspector Peters said defendant had driven at 50 m.p.h. A similar charge against J. Bradbury resulted in his being fined £2, "with 10s costs. Inspector Peters told the court that defendant drove a truck at from 35 to 40 m.p.h. Jackson Smith paid a penalty of £2 10s, with 10s costs, for driving at an excessive speed. Inspector Peters estimated defendant's speed in a truck at 40 m.p.h. Two charges of excessive speed were preferred against Samuel Brown (Mr. Atmore). Inspector Peters said the vehicle was a horse float, and had travelled at 35 m.p.h. along the main highway. The driver had said he thought his speed was only 25 m.p.h. Inspector Horniblow stated that there was a good deal of traffic on the road 'at the time, and the driver had previously been caught. Mr. Atmore pointed out that the float was empty. Fines of 30s, with 10s costs, were imposed on each charge. Other Traffic Breaches Philip Hollis was prosecuted by Inspector Peters for failing to produce his driver's license when requested to do so, and secondly, with having no warrant of fitness. On the first charge he was fined £1 10s, with 10s costs, and on the second .10s, with 10s costs. Having no driver's license cost Charles F. Emery. £3, with 10s costs. E. Miles paid the same pepalty for a similar offence. Terence Mansell was charged firstly with failing to show on the right-hand side of a truck the unladen weight, and, secondly, with having no number marks on it. The penalties were £1, with 10s costs, on the first charge, ahd 10s, with 12s costs, on the second. For a similar offence the Wellington Transport Company, Ltd., was fined 10s, with 10s costs. J. M. Gould, Ltd., were charged with having no„ certificate of fitness and causing a number not being the assigned number to be affixed to a vehicle (two charges ) . Mr. Rhodes appeared for the defendant company and asked for nominal penalties. Inspector Peters said he stopped the driver and noticed the wrong number plates, While the driver had failed. to produce a warrant of- fitness. Jnlgment Sammoas N. White was ordered to -pay A. F. Brown the sum of £14 14s forthwith, in default 16 days' imprisonment. , .