MAGISTRATE'S COURT.

Shannon News, 20 December 1929, Page 3

MAGISTRATE'S COURT.

LEVIN SITTING. The monthly sitting of the Magistrate's Court at Levin was held yesterday, before Mr J. L. Sout, S.M. MOTORISTS ON WRONG SIDE. Resulting from the traffic arrang?ments on the day of the Levin Races, November 23rd, Borough Inspector Guinan prosecuted two motorists for breaches of the by-laws. Henry G. E. Swainson was charged that, while driving a car in Oxford Street South, he failed to drive as near as practicable to the footway on the left.

The Inspector stated that a traffic dome had been placed on the road ia order to direct the traffic on the day oi the races, and the defendant deliberately' drove on the wrong side of the dome.

A fine of £l, with costs 12s, was imposed-. Patrick Early was similarly charge-!, and was penalised in the same sum. EXCESSIVE SPEED.

Charged with having driven a ear on November 14th in Oxford Street, at a greater speed than 25 miles an hour, Hugh H. Godfrey sent the Court a letter in which he pleaded guilty. The Inspector stated that defendant had had no excuse to offer. The speed at which he had travelled was about forty-five miles an hour, and as children were playing "in the side streets they would have been in danger if they had run out on to the Main Road.

The penalty inflicted was £2, with costs 10s. UNDEFENDED CIVIL CASES. '

Judgment was entered for the plaintiffs, for the amounts named, in the following undefended civil cases:--Shannon Borough Council v. Isabella Foster, £9 15s Bd, costs £2 9s 6d; W. M. Clark, Ltd., v. Peter Houlihan, £2 lis, costs 18s 6d; Horowhenua County Council v. Mary Agnes Bartholomew, £IOB 14s 7d, costs £2 14s; William G. Benning v. Abraham Royal, £l4 16s 3d, costs £1 7s; J. Lurajud v. Will Waitere, £4 13s 2d, costs £1 9s 6d; Abraham and Williams, Ltd., v. George Wilson, known as Hori Wirihana, £3 4s 9d, costs £1 12s 6d; Mairua Farm, Ltd., v. L. R. Wilks, £24, costs £4 4s; J. Ince and Co. v. A. Royal, £5 2s 4d, costs £1 17<i 6d; same v. Luke Perawhiti, £2B 9s, costs £4 10s; H. Vallance v. Ngarori Kingi £1 12s 6d, costs 14s; A. V. Hornig v. Grace Heremaia, £ll 8s 6d, costs £2 19s.

With reference to the case, County Council v Bartholomew, Mr N. M. Thomson said he had understood that it was intended by the defendant to instruct a solicitor to. appear and defend part of the claim. The speaker had not 'been so instructed, however.

His Worship said that, in the absence of the defendant, judgment would have to go by default. . , JUDGMENT SUMMONSES.

Orders were made, on judgment sum? monses as follows:,—Charles Hutton to pay W. B. Macintosh and Son £l4 9s 6d at the rate of £3 a month; in default 14 days. Pata Ranganu to pay H. Williamson £1 16s 4d at the rate of 10s a month; in default three days. George Beyan to pay the Horowhenua County Council £lO 12s 6d forthwith, in default 10 days. E. B. McGill to pay L. H. McDonald £2O 15s Id atthe rate of £1 a month; in default 21 days. A. P. Bignal to pay W. J. Pearce £4 5s 6d at the rate of £1 a month; in default Ave days. Mr Adams, who appeared for the judgment creditor in the ease against Ranganu, asked the debtor, who is a blind Maori, about his circumstances. In answers to his questions, Ranganu stated that the money was owing to Mr Williams, who was a butcher at Sanson. Debtor would not give a promise to pay it, because he had nothing to give. Sometimes debtor 4ived a; Levin and sometimes at Ratana, occasionally travelling by taxi to the latter place. His wife had freehold property —a shop in Levin. The taxi fares to Ratana were paid on some occasions by himself and at other time 3 bv his wife.

'The Magistrate: I think you had better pay this then; pay 10s a month. You cannot get meat and not pay for it. Debtor: I cannot promise it, Your Worship. The Magistrate: Let your wife pay it, then. Debtor: She cannot do it till thy rent is due.

His Worship: If you pay it when the rent is due, 1 have no doubt Mr Adams Avill not issue the Avarrant.

Debtor: It is due at the end of May. (Laughter.) The order was then made for payment at the rate of 10s a month. In the case of A. Julian v. F. Ellis, a claim on a judment summons for £24 7s, Mr Thomson, who appeared for the judgment creditor, stated that the debtor had paid £6 in the fipst two months after judgment was obtained, but since then he had paid nothing, though he had been in constant employment at a sawmill Ellis who was separated from his wife, had a liability in respect of his children. Giving evidence,, the debtor stated that he would like to make an offer, but he did not see how he could do it. His liability on account of the children was £1 a week; but there was 10s a week from the Repatriation Department. Now he had had to engage a doctor to attend his wife, and a womav. to 5 look after 3ier. It was not his fault that-he had not, been able to keep up the payments. in satisfaction of the judgment, as his employers' owed him £4O or £SO. It was hoped that some money would be forthcoming from this source on Satuiday, but it would probably be only a fortnight's pay.

Counsel said that the fault was evidently with the employers. The Magistrate stated that Ellis's arrean of maintenance were nearly £7O. Debtor: I have to pay the arrears on top of the £1 a week. The case was adjourned until March 20tb.