MAGISTRATE'S COURT

Pukekohe & Waiuku Times, Volume 9, Issue 524, 20 April 1920, Page 4

MAGISTRATE'S COURT

THURSDAYS SITTING, (Before Mr. F, K. Hunt, S.M.). The usnnl sitting of the Magistrate's Court on Thursday. Mr. F. K. Hunt, S.M.. presiding. Failing to Clear Blackberry. Ropeha IToiti (native), a farmer of Hurhvai, Port Waikato, was chareeel with failing to clear from his lands the noxious weed blackberry. The charge was laid under Section 9 of the Noxious Weeds Act, 1908. Mr. Percy H. Basley appeared for defendant. Mr. F. H. Brittain (Inspector of Stock) appeared for the Department, and said he inspected the property in January and his assistant on March 17." °The adjoining properties were clear, and complaints were made that the weeds were of a nuisance to adjoining property owners. The Act said that owners of property were compelled to commence cutting the blackberry every year. He- took it that the Act required that the blackberry should be cut before flowering. On February 25 he visited the property and found some blackberry cut, which had been cut the previous year. This portion did not require cutting as much as the other blackberry which was in the centre of clean land. To Mr Basley: He did not send a notice under Section 10 of the Noxious Weeds Act. That was not necessary. He had sent defendant two letters requesting him to do the work or else he would take legal proceedings. To the Magistrate: There were "00 or 400 acres infected out of an area of about 2000 acres. The adjoining owners were complaining very bitterly, A. T. Hughes (Inspector under the Noxious Weeds Act) said he visited the property on March 17 and found blackberry had been cut on the flat, about 50 acres of an area of 300 acres. This was being cut at the time by four men with scythes. This had been cut less than one year and had not flowered, and it was not necessary that it should be cut. Some of the blackberry in other portions of the place was about 6ft high, and seme of the clumps revealed the fact that they had never been cut. Gullies were full of blackberries. /n area of from 300 to 400 acres was infected with blackberries. The neighbours' properties were fairly clean. The whole of the surrounding country was practically clean, and in his opinion the neighbours were justified in complaining. To Mr. Basley: He found no large clumps of blackberries on adjacent land. He advised defendant to go and cut the large clumps instead of wasting his time cutting the young blackberry. On information received he swore the blackberries were on defendant's property. To the Magistrate: It was not an impossible task to clean the big clumps. There was two months work for four men. He had not returned since March 17. Mr. Basley pointed out that defendant was "making an endeavour to dean the property, bu.t the question of labour was the trouble. Mr. Brittain said the cutting should have been done before Christmas. It will have to be cut again next year. It has all seeded, and it was practically useless to cut it now. M;'. Brittain said he did n.ot ask for a heavy penalty, but wanted it impressed on defendant that he was absolutely bound to keep the land clear of the noxious weed. The Magistrate said the penalty was £2O, but as defendant was attempting to do the work he would impose a nominal fine of <:1 together with costs 17s. He advised defendant to save expense by ceasing the cutting now, but impressed upon him to commence cutting early in October. This was one way in which he could keep liis place clean. Drunkenness and Obscene Language. Moses Ewe (a native), labourer of Tuakau, was charged with Deing found drunk at River Road, Onewhero. on March 4. 1920. Defendant was also charged on March lilh, 1920, with using obscene language in Hiver Road, Onewhero. The words , used were. "1 will break his black head in! The stripper kcc|/>v can go -

Defendant pleaded guilty 1" both charges. A prohibition order was issued against defendant under Section 217 of the Act. while he was convicted and ordered to pay 7st costs. U:i the charge of using had language defendant was convicted and ordered to pay K'l 'is witnesses expenses rnd Court' costs *:l ",s. Theft of Metal Fork. Charles Olson (of Patumalioe) was charged with stealing a metal fork valued at 255. the property rf the Franklin Countv Council. Mr. H. 0. R. Mason, on behalf f.f accused, pleaded not guilty. Sergeant Cowan said he understood that accused intended to plead guilty and for that reason he had not t>ubpoened witnesses, and asked for an adjournment in order to prove the rase. Mr. Mason said Olsen admitted taking the fo <k. but had no inten lien of committing an offence. The adjournment, as requested, until next Court day. was granted. Variation of Maintenance Order.

An application for a variation of the maintenance order made by the magistrate on July 3, li)H>, whereby Francis Denner was directed to pay his wife, Phoebe Denner. El pes' week maintenance. The applicant stated that since the making of the order the circumstances had so changed that the order ought to he cancelled and arrears remitted. After hearing evidence of Francis Denner. who said he could not earn enough to pay U per week, the magistrate reduced the order to 10s per week, pointing out to applicant that he could not expect to get out of maintaining his wife.