POLICE COURT.

Hauraki Plains Gazette, Volume XXXV, Issue 4677, 21 March 1924, Page 2

POLICE COURT.

WEDNESDAY, MARCH 19, 102-1. k ßefore Mr J. G. L. Hewitt, S.M.) TERRITORIAL OFFENDERS. Edward Dye pleaded guilty to charges of tailing to notify his change of address, failing to attend parades, and failing to deliver articles of uniform valued at £l4 8s 3d. Constable MeClinchy stated that defendant had been previously before the Court. He was a horse trainer, and had given the authorities a great deal of trouble in locating him. Defendant was convicted and fined 5s on each charge, with costs amounting to £1 16s, and was given two months in which to pay £l4 8s 3d. the value of the uniform.

Alan Fathers was charged with failing to parade on two occasions. A me Heal certificate was handed in certifving to unfitness. Constable Me Clinchy stated that Fathers had been previously convicted, and had given a lot of trouble. The Magistrate said the defendant should have applied for leave from parades if unable to attend, and convicted and fined him 10s Owing to the medical certificate defendant was absolved from attending fU’ther parades. FAST DRIVING. Edward Shaw, county engineer. Paeroa, laid an information against Cyril Nicholson for driving a horse drawn vehicle at a faster pace than a walk over the Puke bridge on February 18, contrary to the by-laws of the Ohinemuri County Council. Defendant pleaded guilty. Mr J. L. Hanna, for the Ohinemuri County Council, stated that defendant had been warned on previous occasions, but had ignored the warnings. The Magistrate said that the practice was a dangerous one, and defendant would have been wise to have ac - cepted the warnings from the bridgekeeper. Mr Hanna intimated that he did not press for a heavy penalty. The case had been brought as a warning to others.

Defendant was convicted and fined £l, with costs 7s.

MAINTENANCE ORDER

il. D. Sorensen was charged with failing to provide adequate maintenance for his four children under the age of 16 years at the rate of 10s per week for each. Mr Porritt, for the complaiuan’. stated that a sum of .£lO had been paid that morning, and he therefore applied for an adjournment, whicn was granted. IMPOUNDING OF CATTLE. Lewis E. Cassyels complained that on February 21 last Frank Handley (M’ - C. N. O’Neill) illegally impounded three bulls and 31 head of mixed cattle, the property of. Asher Cassrels, and demanded excessive trespass fees and damages to the amount of £7 IlsMi Porritt appeared for the informant. A plea of not guilty was entered. Mr Porritt said that the charges for damage alleged to have been done oy the stock were excessive. The driving fees were not objected to. The impounding of the cattle was held to be illegal under .section 10 of the Impounding Act, which Mr Porritt quoted at length in support of the contention. An order for a refund of the amount paid was asked for. T. A Buckley, farmer, Paeroa, said that pn the date in question he hal received a message that a number of cattle belonging to Mr Cassrels had boon impounded. He took delivery of the stock from the poundkeeper and drove them back on to the property of Mr Cassrels, w’hich 'did not adjoin Handley’s property. A descripion of the boundary fences was supplied. To Mr O’Neill witness said that ho had been with Cassrels for over two years, and had heard of no complaints from Handley about straying cattle. Lewis E. Cassrels, attorney for Mr A. Ca-srels.v said that the first information he received was when a demand was made from the poundkcener for fees. The amount of the poimdkeeper’s claim was paid under protest, so as to release the cattle. Frank Handley, farmer, Paeroa, defendant in the action, stated tha.t he found the cattle running on his property on the morning in question. Some of witness’ own stock were running with complainant’s stock. He considered that his boundary fences were in good order. Considerable trouble had previously been experh eneed with bulls owned by the complainant.

In reply to Mr Porritt witness said he had 12 heifers; running on bis property, and it was in respect to these that he had been induced to impound the cattle. He admitted that some of his cattle had previously been impounded by Mr Endean. After further legal argument His Worship ordered the amount, £7 tls. to be returned to complainant, but no order was made for costs.