MAGISTRATE'S COURT

Hokitika Guardian, 13 December 1932, Page 8

MAGISTRATE'S COURT

GREYMOUTH, Dcccmb r 13

At the- Mag strate’s GdiU’c j'ccterday Mr W. iVteTdrum S.M. drialt With the following business':—

THEFT ADMITTED. Appearing on femand Desmond Ivan rcrriri, 25, pleaded guiLy when enlarged tilth the theft at New PiymdUch, on September 20, pf a claiinet v'auieu at id ids, the progeny ; : ofc juuvrence Broadway Davis: Detective-Sergeant; Holmes stated : tllit accused took advantagi of a' friend's absence Iron/ his ivoni, and stole the'clarinet, which belonged to anotelir man Who stinted tee room. : Accused sold the. instrument tq,. ,■ a,, : second-hand dealer, for 6s: Rol'Wh^, ! manned, and had a previous 'ion for theft, at Auckland, in. 1529, iHe was ta travelling musician, and i went about the country goed. deal,. ■ wording'' himself into people’s confi*- : ence; and . going away leaving debts. ; He had been in custody fox - a fortnight, being unable to , se ure bail. ; The clarinet -had' been recover d;, and | its return to the owner was asked for;, aso a refund or 6s to the secondhand dealer. ’’ "• ’ |

Acciued handed a written statemerit to the Court. - 1 • •- - .> r .

. The S.M. said that he would take i into consideration the fact that aecased had-been in gaol for 14 days. He would be fined £l, in default seven j days’ imprisonment, and; would albfr bo ordered to; pay 6s"to the second-hand- | dealer. An order was made'far the I return of the clarinet‘ to rtile ’O.vhefc.! I LICENSING CASES

! John Danvell, licensee of the Union ! Hotel, was charged with unlawfully | selling liquor arter hours on Decem- ; her 16. He pleaded guilty, under exi tenuating - circumstances. ■>.'

| Joseph; Patrick- Low was charged ; that,' oft December"o,' beiflg : a person j other than the licensee, he unlawfully ' supplied liquor after hours. Defend 1 ' .nit pleaded riot guilty. ■ .

Sanior-Sergcarif Roach stated that tVrwell had twb‘ previous convictions, one' for exposing‘liquar'’ after •■hori’ra, arid one for’’selling.' Low had -a'-pre-vious conviction for supplying. 'The S:M. said- that the Iffterisee wrs responsible for tho' acts of' h:k' bar* man;- Danvell'’ wftk ftnbd • £5, with 10s cost®; . arid 1 Low with, fined £2 with 10 costs. : . ’■ 7

1 A statutory first offender, charg'd with being • unlawfully- on Ji'cense'd' premise 9 after liouris, was convicted' and ordered' to• pay' 10s crists. ‘ ‘ ’■< ’• • KUMAR A CATTLE CASE.

Reserved decision wap given in the easo heard last Monday, wherein Joseph Ferguson was charged that, at JxumAra.;on : ivNdyeriiher .17,’..tie ,:parlhitted eight cows to wander on the Beach Road ; also'that- he-rescued the cows, after, they had been seized for impounding purposes. 'Mr W.P. McCarthy, for defendant, raised the, point that : Johit 'Thoma®’Perring, who impounded the feoWs, lin'd' no legal power to do so, as lie did not own. land,' 1 but was onlyan occupier. Under, the. liripoundi'rig Act, a f Cr(nvn tfeilsrit- Was entitled ;td' impound Wandering stock, on his own land, but riot ori 'tliid road.> Counsel' subiriitted ’thab}' as Perring held his land drily oh 1 •renewable leasriy there ‘ could 1 be' no quettibn- iof v ' 'impounding or'rescue, arid . the charge should ." be dismissed. So far* afe the' charge of permitting'the’cows wander Ws’s"'concerned; the . defence contended that a boy was .employed } % defendant to watch tlie OoWSir'drid that they were, on tint-road only' When being diiveri tp and iron! the milking shed. ‘ ' ‘ ’

After reviewing the evidence, the S.M: said that 1 it Was no offence to drive stock over the road'. In'.the present case, it seemed clear that the cows were on the road in the ordinary course of being, driveiy home to be milked. The charge V permit? ting them to . wander Would:, be dismissed., With regard to'tlie charge of rescuing thd cows from 'the pound, Perring . knew- that they ’ had been driven out of the bush- and were, on, their way to be milked, Perring had, therefore, no right to impound them. That charge would also be dismissed.