THE S.M. COURT.

Manawatu Herald, Volume XLVI, Issue 2699, 23 February 1924, Page 3

THE S.M. COURT.

The ordinary monthly sitting of the S.M. Court was held yesterday before Mr .T. L. Stout, S.M. M. Suhau, for driving a motor car in Park St. at a speed exceeding 20 miles per hour was fined £2 with costs 7/-. Charles Robinson was charged with being illegally on the licensed premises of the Manawatu Hotel on the 17th December, 1923. Defendant pleaded guilty hut explained that on the evening in question he had entered the hotel in search of hi? brother at the request of his sister-in-law. He did not go in for liquor. Constable Owen said he had no reason to disbelieve defendant’s explanation. Defendant was ordered to pay costs 7/-. D. G. Robinson (Mr Holliugs) was charged with being illegally on the licensed premises of the Manawatu Hotel on the night of the 31st January, 1924. Counsel for defendant admitted the offence but said that Robinson had only gone into the yard to get some liquor he had purchased during the day and planted there. He contended the offence was only a technical one as Robindid not enter the hotel. The S.M. said that it did not matter whether the man had purchased the liquor before closing hours, he still had no right to go to the premses to collect the liquor. Mr Ho'llings: It is not everyone who knows that “licensed premises” includes the back yard etc. The S.M. Well, I should say it was fairly well known in Poxton by now. Convicted and fined £2 with costs 7A. ■ The police also made an application for a prohibition order to be taken out against. Robinson, which was opposed by Mr Hollings. The order was granted. C. Crusack, for driving a motor lorry on the Foxton-Himatangi road on the 23rd December last while drunk, was fined £2 with costs 13s. Roland Hill, of Bainesse, on two charges of having unregistered fire arms in his possession, was fined 10/- with 7/- costs on the first charge and £1 and 17/- costs on the second. Akura Te Rangi on a charge of having an unregistered revolver in his possession was fined 10/- with £l2/- costs. EASTON V. MILLER. The Magistrate gave his reserved judgment in the above case yesterday. He said: “In my opinion the plaintiff is entitled to judgment for the amount, claimed and costs. Under his lease the defendant covenanted (see clause 18) to pay aJI monies received from the sales of produce or stock to the lessor, or as lie should direct, to lie controlled by the lessor subject to the terms of the lease. Under clause 21 the lessor was entiiled in ease of default to the monies and to re-enter upon, the land which he has done. “The fact that the lessor allowed the defendant to sell the milk and cream in bis own name instead of in the name of the lessor as provided by Clause 18, cannot in my opinion justify the lessee in refusing to pay over monies which do not belong to him. Judgment will be for plaintiff for amount claimed and costs.” , .