MAGISTRATE’S COURT.

Manawatu Herald, Volume XLIII, Issue 2321, 27 August 1921, Page 2

MAGISTRATE’S COURT.

ILLEGALLY ON LICENSED PREMISES.

At- the local Magistrate's Court yesterday, before Mr J. L. Stout, S.M., Charles Lawson was charged by the police with being illegally on the licensed premises of the Family Hotel on the 13th of August, Accused pleaded guilty.

Constable Owen stated accused had been drinking and knocking about town during the afternoon. Between .seven and eight o’clock, witness went into the Family Hotel, and found accused there. The license! was trying to pursue do him to leave the premises. He had been told not. to come back, When arrested accused had no excuse, to offer. Accused was convicted and fined £2, with 7c costs, to be paid within 1.4 da vs.

Harry Brown, charged with being illegally on the licensed premises of the Post Office Hotel on August 20th, was convicted and fined £2, with 19/(3 costs.

Abraham Royal, charged with being illegally on the licensed premises of the Poet Office Hotel on August 20th, was convicted and fined £2, with 19s Gd costs.

ASSAULT

William Aldridge was charged with assaulting Clement Walter Free by striking him on the face with his fist. Accused pleaded guilty.

Constable Owen stated that sometime ago there had been an inquiry about a theft, concerning which both complainant and accused had been interviewed. Aldridge alleged that Free had accused him of the theft in the presence of a detective. Later he had met Free in dents Street, and had struck him several blows on the face. The Magistrate pointed out that accused had no right to take the iaw into his own hands, as by doing so he made himself liable to two months’ imprisonment. Accused was convicted and fined £2, with 7s costs.

OVERHANGING TREES

Rev. \V. 11. Walton, vicar of All Saints’ Church, summoned the Foxton Borough Council to furnish reasons as io why he should have to cut down certain trees on the vicarage property in Avenue Road. Mr Berg-in appeared for the ap j plieant, and Mr W. Trueman, Town Clerk, represented the Foxton Borough Council. .

Mr Bergin pointed out that the notice served on complainant was not sufficiently complete in itself to compel him io cut down the trees in question. He stared that there

was no mention in it as to what extent the cutting had to be done. He quoted a decision bearing on a parallel case. The Town Clerk quoted that see-

ion of the Municipal Corporations

Act dealing with the cutting of overhanging trees, and pointed out that the cutting had to be done to the satisfaction of the Council, Mr Bergin stated that that was no; definite enough. Resides this, the complaint had been made by nratepayer, who claimed that the frees prevented the sun’s rays from reaching hi- property. fn<- Conneil’s work was to protect the roods, not private property.

The Magistrate suggested mat itwould be better to have a look at the trees, and an adjournment was made for this purpose-.

On resuming, the Mayor, Mr John Chrystall, gave evidence, and stated that he. knew the ire.es in question. The Council passed a resolution to be served on property owners re overhanging trees. He considered that, the trees kept the road damp, tint did not think any serious dam age was done by them. The Magistrate pointed out that, most of the drying of roads was none by the winds

Mr Bergin pointed out that the prevailing winds were from rlie west and cast, and that the road ran east and west, hence the trees d;d not prevent the drying »f tiie road. He also asked if all the Councillors had seen the trees before voting, and whether the Council had asked the roadman for a report on the matter. E. ft. Martin gave evidence that, he had lived in Avenue Road for some years. His residence was right opposite the trees in question. His property did not get any of the sun during the whole of the winter months. A great deal of dampness was caused by the shade, and in his opinion the trees should be cut down. ®

Edward John Martin stated that he had made application to the Borough Council to have the trees cut down. No notice had been taken of the Council’s notice. Three years ago he had presented a petition to the Council containing the names of all the residents in the locality, to have the trees cut' down. The Council had notified the owner, but no action was taken by the owner served. The front of his residence was no.thing less than a bog hole in winter. Last Winter he had to dig a trench in front of his house to allow the water to run away. The trench still remained. He had measured the trees several times, and found that they overhung the road by 28 feet, and were about 6.0 feet in height. No north wind would he able to effect the road.on account of the trees.

The Magistrate pointed out. that he did not see that the road was in any "wav affected by the trees. He was of the opinion that if the property on the other side of the road was affected, and the property owners had gone about the matter in the right way, they would not have had anv trouble about the matter. He

would have to declare the notice void.

Judgment was entered up for the plaintiff's in the following civil undefended cases:- —E. N. Speirs v. J. Schwqas, £33 10s 7d, costs £4 5s Gd; S. A. Burnett v. W. Tamplin, £5 5s od, costs £1 10s'Gd; E. J. Murphy v. Hacna Wi Hemara, £6 3s Od, costs 12s Gd, in default- two months imprisonment. A. A, Heap was ordered to pay D. Hutchinson, Waiiara, £G 6s 2d at the rate of 5s a. month, first payment 26th September. A. Oxenhnm ordered to pay, N.Z. Farmers' Co-op.' Distributing Co., Wellington, £3O 14s lOd.