MAGISTRATE'S COURT

Chronicle (Levin), 14 June 1947, Page 2

MAGISTRATE'S COURT

•■4- t JUNE SITTING IN OTAKI On of the longest sittings of the Magistrate's Court, Otaki, for some time was held on Thursday, when cases came forward practically all day. There were several traffic offences, but the main cases were civil claims arising from collisions at Waikanae. Mr. A. M. Goulding, S.M., presided. Excessive Speeding " A fine of £5 with 40s costs were imposed on Brian Reeves for exceeding the speed limit of 40 m.p.h. on the Te Horo-Waikanae highway. Inspector Davis stated that he had checked defendant's speed, which was up to 62 m.p.h. He considered that the driving was not only dangerous but foolish. For similar offences Brian MicGee. and Kay Whitehead were each fined £3, with 10s costs. Neither appeared. Driving Without Care Harry Schuster was charged firstly with speeding and, secondly, with driving without due care and attention. He was fined £4 10s on the first charge, and £1 on the second. The costs were 10s in each case. . Constable Calwell gave evidence that the defendant had travelled at 50 m.p.h., while the vehicle had a damaged tail light. Unlighted Cycles For riding his 'cycle at night without a light or rear reflector, James Noble paid a penalty of .£1, with 10s costs. On* a similar charge Graham Walker was fined £1, with 12s costs. Inspector Davis stated that the defendant was seen at Otaki Railway with no light. on his 'cycle. When questioned he had no explanation. Wandering Stock On two charges or allowing a horse to wander Mary Taratoa was fined 5s in each case, with 11s and 10s costs respectively. Costs only were imposed when Lawrence Housiaux was charged with allowing- a horse to wander. Defendant , pleaded not guilty, stating that he did not make a practice of allowing the horse to wander. While on his duty out of town the animal had got out, and despite, the efforts of his wife and family the horse could not be caught. When he left home the horse was secure in its paddock, and he was asto'nished when ;he heard that it was out on the road. The t , magistrate . ( , considered that Hindef'Ylie circumstahceis 'the case was not one for a fine. On charges of (a) allowing a horse to wander and (b) allowing four cows to wander, Stanley Elliott was fined 10s, with 11s costs, in the first case and 30s, with 10s costs, in the second. There was no appearance of the defendant. The inspector stated that he had found the animals wandering, and that it was not a common occurrence to'find defendant's gate open. Mr. Goulding pointed out that it was not defendant's first offence. William Hammond paid a penalty of 10s, with costs 22s, for allowing a horse to wander. Inspector Da-vis stated that he had found the horse wandering at varjous times. It had been out on two successive days. Maintenance Breaches Disobedience of tlie maintenance order (two charges) were preferred against Murray Preni tice, by the Social Security Department, the arrears in the first being £57- 10s and in the second £15 15s. ! Prentice, who had another woman as housekeeper, stated that he had been unable to keep up the order, but the magistrate pointed out to him that he must not neglect his wife, who should be his first consideration. There was

also one child three years old. He added that defendant had to keep up his payments. Prentice was convicted and sentenced to two months' imprisonment, the warrant to be suss pended as lbng as he paid 5s per week off arrears, and 14 days' imprisonmeht, the warrant to be suspended as long as he paid the current maintenance of 5s per week. In a similar case preferred by the Social Security Department, Chung Dim was ordered to pay 25s weekly in default one month's imprisonment, this to include 10s off arrears. The maintenance order in this case was for £49 5s. Wages Book Not Pro'duced Failure to produce a wages and overtime book when requested to do so cost Guy Goulter Nicholson £3, with 12s costs. Mr. B. H. Rhodes appeared for Nicholson. An offieer of the Social Security Department stated that the defendant was a building contractor at Raumati Beach, and that the department had received a complaint which was being investigated. The defendant had failed to produce the book when asked for it and the departmen had therefore been put to a great deal of trouble. ' Civil Cases E. J. Cook claimed the sum of 10s from F. A. Upshall. Defendant disputed. the claim, stating that it had been paid bv Mrs Upshall. The latter had been unable to attend the ' court proceedings, and therefore, Mr. Goulding said that he had no option but to award the case to the plaintiff. Costs were 10s. Chung Kong On was ordered to " *

pay Ling Sing the sum of £85 14s 3d at the rate of £2 per month, in default three months' imprisonment. Claim for Possession Harold Smith claimed possession of a cottage at Paekakariki from Douglas Horn. Plaintiff admitted that he had been reeeiving rent of £1 per week from defendant and the magistrate' said this debarred him from claiming possession. Accept- % 'ice of the rent showed that plaintiff regarded defendant ps p •enant. added Mr. Goulding. Plaintiff. would • have to serve defendant with notice to quit before the claim for possession could be proceeded with. Plaintiff was accordingly non^uited.