S.M. COURT.

Manawatu Herald, Volume XXIX, Issue 3762, 26 March 1907, Page 2

S.M. COURT.

♦- Before A. D. Thompson, Esq.. S.M. Foxton, March 25. A very lengthy sitting of the above Court was held yesterday. CIVIL CASES.

Judgment was entered up for plaintiffs in the following cases ; M. Walker v. W. E. Terry, claim £2 3s Bd, cost Bs. Same v. W. A. Terrell, claim £6 9s yd, costs 11. J. W. Anderson (Mr Reade) v. Mrs Rea, Levin (Mr Moore) claim for fish supplied. Mr Moore made application for change of venue from Foxton to Levin. After argument by counsel the application was refused. The case is to be heard at Foxton on 22nd April next. Costs 10s.

Smale and Hay (Mr Moore) v. W. Robinson, claim £1 ys 6d. Judgment by default. Costs ys. Dickson v. A. E. Beachy, claim £1 15s. Judgment by default. Costs Bs.

M. Walker V. R. G. Perreau,. claim £2 16s nd. Judgment by default. Costs ns.

Watchorn, Stiles and Co. (Mr Moore) v. C. Anderson, claim £\ 16s 2d. Judgment by default. Costs 15s. Smith (Mr Reade) v. Alfonso Thomas, claim £B. Judgment by default. Costs 235. W. Carter v. P. Neane, claim xys. Judgment for plaintiff, costs 20s 6d.

Albert Sylva v. Hickson and Reeve, claim Mr Reid for plaintiff asked that the case be adjourned. Adjourned sine die, to come on at seven days notice. M. Murray v. J. Cameron, claim £2 gs. Adjournment granted till April 22nd. ALLEGED FALSE PRETENCES. S. Massena (Mr Moore) v. H. Walls, a charge of obtaining money under false pretences. From the evidence it appeared that Massena engaged Walls to do certain work for which he was to receive the sum of£i. During Massena’s absence Walls borrowed from Mrs Massena the sum of 2s 6d which he said he would return as soon as he was paid. Massena subsepuently met Walls at the Railway station, and handed him the £ r. The Magistrate pointed out that it was quite clear that the half-crown had been borrowed. Walls, who had been conducting his own case, began to appeal for expenses, when the Magistrate cut him short by stating that the best thing he could do was to pay the half-crown back, which created a titter from the Court habitues. SANITARY CASES. Tozer v. Thomas Cook, claim is 6d for three removals of night soil. Defendant paid is into Court. Tozer gave evidence and produced his diary in support of the claim. Defendant denied that there had been three removals. In reply to the S.M. to produce evidence, defendant stated that he was not going to bring his family into Court to give evidence on that subject, and said he would not pay the amount. The Magistrate smilingly remarked that if he gave judgment the defendant would have to pay. Judgment was entered up accordingly for plaintiff for 6d and costs 6s.

Same v. S. Feek, claim is 6d. Defendant said only two removals had been made as he had emptied the pan prior to Tozer taking over the contract, Tozer stated that he had to make a fresh start and' do the work systematically. The Magistrate upheld him, and gave judgment for amount claimed, and 6s costs. BREACHES OF BOROUGH BY-LAWS. A local resident was fined 2s and costs ys for riding a bicycle without a light at night. James Bowe, for driving .a vehicle without lights at night, was fined 2s and-costs 9s 6d. On a similar charge William Brown was fined in a like sum.

TRUANT CASES. . James Dambert was fined 2s for not sending his child to school. The Magistrate remarked that if parents sent their children away from home they should apply to the head master for exemption certificates. Seven cases against Hans Andreson were dismissed, defendant having sent his children to the Dower Hutt and notified their removal. The Magistrate advised the Truant Inspector to make full inquiries before laying informations. Four charges were made against William Aldridge, an old offender, with six previous convictions. It was pointed out by the Inspector that one child, aged 13, had not attended school during the previous quarter. The Magistrate asked the Police whether they had made any enquiries. It was a case that required looking into. The parent was fined 10s and costs in the first case, and 2s and costs in the other case. Constable Woods stated that the parent had paid up the previous fine but had not made any explanation. Oliver Robinson, on two charges of a similar nature, was fined 2s without costs.

Three cases against Gus Spring were dismissed.

Two cases against Arthur Dett. Fined 2S in one case only. The children had been attending school at Mangaweka. One case against William Owen, Defendant stated that the child was at the beach. The Magistrate said the secretary of a committee had not the power to grant exemption orders, which should be issued by the headmasterjor chairman of the committee. When so many truant cases were appearing in the public press it was useless for parents to plead ignorance. Fined 2S. Two natives were fined 2s and 2S costs on similar charges.

- Another, Raupi, said his child had to walk'two and afhalf iAiiJfeS 1 ,. The case against this native >KW£ki dismissed.

Hugh Currie was fined as in each of seven charges. ;.v ■' > Samuel Peek, three charges. Peek explained‘that the master Rad'; expelled his boy and called him a cheat. He saw the committee about the matter and- was advised, to send the lad back to school, and write a complaint to the •committee. When his daughter had arrived late after attending a music lesson she had been marked down absent. The Magistrate interjected that it would not be any advantage to the . teacher to mark late-comers as absent, as it would lower the average. Peek further complained that the children had to answer to numbers instead of their names • and this caused confusion among the children. The Magistrate said as this was a first offence he would impose a fine of 2s in the case of the girl, and dismiss that against the boy. In the case against John Kelly, it was pointed out by the father that the lad was a cripple. The Magistrate convicted, but did not impose a fine. J. Robertson was also charged. He stated that his child had been sixteen weeks in the Palmerston Hospital, and had not been fit to attend school. The 'Magistrate again pointed out that these matters should be communicated to head master. Convicted and discharged. Phillip Jones (two cases) was fined 2s in. each case.

Alfred Arbon (one case) was fined 2S.

James Groom was fined zs and costs 2s 6d.

\ Charles Haddon was convicted, costs 2S 6d.

Two cases against James Carroll were dismissed, as it was proved that the children were attending another school. BREACHES OF THE PEACE. Two well-known local residents were charged by the Police with a breach of the peace. Mr Reade, who appeared for defendants, stated that it was a rough and tumble as the outcome of an over-indulgence in beer. Both accused were men of good character, and were the best of friends, and there was nothing previously against them. Fined 10s and costs 7s each. Frederick Dunn and William Anderson were charged ,by the Police with a breach of the peace at the rear of Whyte’s Hotel. Anderson pleaded guilty and Dunn not guilty. Constable Dixon gave evidence that he saw several people making towards the rear of Whyte’s Hotel. Followed and saw Anderson strike Dunn and knock him down. Constable Woods gave corroborative evidence. Dunn in evidence said the matter was a little joke and Anderson knocked him down. Anderson in evidence said on the day in question he had had two or three drinks. It was his brother’s birthday. They were selling meat from the butcher’s cart at the rear of the.hotel. He bought a shoulder of mutton. Went in the hotel to get a piece of paper to wrap it up. When he came out Dunn had “ collared ” the meat. Witness asked for it. Dunn picked a piece of meat from the cart, threw it at witness and said that’s -your share. Witness then lost his per. Witness said it was about three years since any drink had gone to his head. The Magistrate convicted and fined Anderson 10s and costs, 7s. The charge against Dunn was dismissed. ■ . > •