MAGISTRATE'S COURT, HOKITIKA

Hokitika Guardian, 27 January 1921, Page 3

MAGISTRATE'S COURT, HOKITIKA

: _ <*♦«» ; THURSDAY, JANUARY 27th. j (Before C. R. Orr-Walker, Esq., S.M.) WANDERING CATTLE. Borough Inspector (Mr Park) v. P. Kirwan, a charge of allowing a heifer to wander at large. Defendant did not appear. Convicted and fined 10/- and costs 7/-. j Same v. James Duncan, allowing one horse to wander. Convicted and fined 15/- and costs 7/-.

Same v. C. J. Nightingale, allowing one horse to wander. A plea of not guilty was entered. Evidence by the Inspector was given as to the animal wandering and it being impounded. Defendant stated he thought that different animals were referred to, and that one belonged to a neighbour. Convicted and fined 10/- and costs 7/-. game v. G. Haussmann, 2 cows. Convicted and fined 10/- and costs If-.' Same v. Sarah Kortegast, 2 horses. Convicted and fined 10'- and costs 7/-. Same v. Eoger-Davies, 1 horse. Convicted and finra 10/- and 7/-. Same v. Wra. Pascoe, 1 horse. Convicted and fined 10/- and costs 7/-. Same v. T. Stopforth, 2 horses. Convicted and fined 10/- and costs 7 j-. Same v. F. Cameron, 1 horse. Convicted and fined 10/- and costs 7/-. Same v. T. Devaney, 3 cows. Convicted and fined 10/- and costs 7/-. Same v. J. Lock, 1 cow. Convicted and fined 5/- and costs 7/-, an excuse that the cow had accidentally got ont, being accepted in mitigation of the penalty. Same v. F.. Thompson, 1 horse. Convicted and fined 10?- and costs 7 j-. Same v. J. Cameron, 2 cows. Convicted and fined 10s and costs 7s. STAMP DUTY. Police v. A\ Dale (Mr Park) a charge of writing a receipt., liable to stamp duty, without same being dully stamped. A plea of not guilty was entered. It was claimed that the travelling expenses paid were part of the wages allowed . James A. Murdoch deposed he was County Chairman. Dale, the defendant was an employee of Westland County Council. He had been sent South „n duty, it being distinctly understood that this travelling expense was part of his remuneration. This procedure has been in existence for the past 2o years and similar vouchers had been passed by at least six Government'auditors, and this was the first time that exception had been made. The voucher was for actual travelling expenses. His Worship said it was a very nice technical point as to whether the payment was exempt. Mr Murdoch said no notice oi the exception had been made by the Audit Inspector. The first, the Council biDrd of the matter was that of the summonses being issued. Sorgt McCarthy said in the public service they had to put a stamp on vouchers for expenses . The Magistrate.—That was so. No doubt they made up the value of the stamp in other ways. Mr Park argued that the term wages included payment for expenses incurred with the agreement made in their on-

gagemeut. His Worship reserved judgment, stating at the worst it was a technical offence. Same v. J. W. Heiule (Mr l’ilkington) a similar charge ot failure to stamp a receipt. His Worship stated this was a receipt for payment of a boat. It: was a breach of-the Stamp Act with extenuating circumstances. A conviction was recorded and tine of 10s and costs 14s I Del inflicted. Same v Win O’Brien, a similar charge Defendant | leaded guilty with extenuating circumstances,. His Worship said this was a case for stamp duty. Convicted and fined 5s and costs 7s. Same v. James McGregor, a similar charge. His Worship held that this was payment for labor, and dismissed the information.

Same v. William Shannon, a similar charge*. Jlis AA’orship held the'paymont was for a contract, and was-not wages. Convicted and fined 10s and costs 7s.

Same v. AV. S. Young. A similar charge. His AA’orship stated that this appeared to be a case of labour. In any event in such a ease, where a. public body accepted the receipt in apparent good faith that it was labour, he would not he disposed to inflict a. fine. The charge would he dismissed. Same v. !!. Greeuless. a similar charge. His Worship held that this was a. payment for labour, and dismissed the information.

Same v. James Davidson. a similar charge. Defendant stated the payment was for cartage of stone. His" Worship stated that did not come within r.to limitation of wages. Convicted and fined Ids and costs 7s 6d. On a second charge a conviction without line and costs 7s to he paid was ordered and a third charge (not served) was ordered to be struck out.

Same v. E. Roper, a similar charge. His AA’orship said under the special circumstances, and the (act. that it had cost him a considerable sum to attend, lie would he convicted and discharged His AA’orship stated that if anyone was to blame it was the man who had paid over the money who should have had a better knowledge of the* law. He expressed his sympathy for the men wlm had apparenly acted in ignorance. Same v. 11. A. Thompson, a similar charge. Case dismissed, as most of the payment was for labour.

Same v. James Minchan (Mr Park) a similar charge. His Worship said this was a technical breach of the Act. Convicted and lined ss, with costs 14s 10d.

Similar charges against R. Ritchie. AV. D. Nolan (2), J. Ritchie, T. AValsh (.2) L. Wilson, .). (lulnaue, E. Crown, A Scott, J. Martin, G. Pfaldert, G. Murray, were adjourned to allow the sum-

monses to he served. Similar charges were adjourned t,l next Court day to secure the attends!a of defendants, or acknowledgment of their signature to the vouchers affected—Wm McMahon, Jas. Donovan, P. Hewer, J. Springle, 11. Reynolds, H. McGowan, J. Douglas jar., 11. George, P. Paganini, E. A. Kirby, T. Nolan. Sergt McCarthy stated if they did not attend it would be necessary to issue subpoenas to ensure their attendance. OBSCEN E LANG C A G E. The police charged A. Atkinson (Mr Murdoch) with using obscene language. A plea of guilty was entered. A eon-

viction was entered and a fine of £4 inflicted with costs 23s fid. An application for non-publication of the name was refused, his Worship stating the defendant needed a salutory lesson tor »her own sake in the future. LICENSING ACT. The Police charged two offenders with being on licensed premises (Marquis of Lome Hotel) during prohibited hours. Defendants did not appear and were convicted and fined £2 and costs 7s each. A similar charge against an offender (Southland Hotel) was admitted. Fined

£2 and costs 7s. In a similar charge (Southland Hotel) the defendant did not appear. Con- | victed and fined £2 and costs 7s. | CIVIL CASES. | Annie Keller (Mr Sellers) v. Charles . Jolly (Mr Murdoch) claim for extra rent £1 12s. Air Sellers asked for the case to be struck out. Mr Murdoch objected. He stated the defendant, a returned soldier, bad been renting the house, and paid the rent. It was then raised by 2s per week, which defendant declined to pay. He bad paid the rent agreed, but bad been got out of the house on the grounds that the house was sold, which actually was not the case. Mr Sellers stated that he had not issued the summons, and when he aas consulted advised the withdrawal of the case. Defendant was allowed IDs for attending the Court, and case withdrawn. Ernest Peake .Mr Wells) v. J. Tamm ~|.,im £9 Is. Judgment for plaintiff with costs 39s 6d. Westland Hospitals and Charitable Aid Board (Mr Park) v. A. W. Tamm claim £59 14s. Judgment for plaintiff with costs £5 4s. i {Same v. Edgar L. Staco, claim £ll j ss. Judgment for plaintiffs with costs , £2. , | James Grace (Mr Murdoch), v. C. C. , McPhail claim £lO 12s. Judgment for plaintiff for amount claimed less £ paid, with costs 545.. • Y. J. Haddock (Mr Murdoch), v. H H. Adamson, claim £9O 3s. Judgment for plaintiff with costs £6 13s. E. Peake (Mr Wells) v. Rewaka Urn claim £4 17s. Judgment for plaintiff for amount with costs 30s 6d. JUDGMENT SUMMONS. Julia Jnwood (Mr Murdoch) v. Thomas H. .Tones (Mr Pilkington), judgment summons £27 12s Bd.

AFI ER N OON SI TTIN G

The. hearing of defendant as to his receipts and that of G. Trippner was taken. His Worship then adjourned the case for a month, the defendant to supply details of receipts and expenditure. The defendant would have to satisfy him (his Worship) that lie had not the mean to pay the debt.