MAGISTRATE’S COURT

Southland Times, Issue 24233, 17 September 1940, Page 8

MAGISTRATE’S COURT

MONDAY (Before Mr R. C. Abernethy, S.M.)

Judgment was given lor the plaintiffs in the following undefended civil claims:—Watts and Grieve Ltd. v. E. Nolan (Gore), for £26/10/9, costs £4/3/6; Gore Publishing Co. Ltd. v. Eric Ramsay Steel (Gore), for £l7/5/1, costs £2/17/-; A. Russell and Co. Ltd. v. Hugh Blaikie (Wellington), for £l2/4/-, costs £2/15/-; Desmond R. Wallis v. Gordon Peterson (Gore), for 14/-, costs 9/-; Wright, Stephenson and Co. Ltd, v. E. C. Elder (Timaru), for £lB/7/-, costs £2/16/-; Hallenstein Bros. v. James A. Finn (Burnham), for £lO/0/4, costs £2/19/-; Thomson and Beattie Ltd. v. A. Bannerman (Fairlie), for £2/8/4, costs £l/3/6; R. Hannah and Co. v. Thomas Mockford (Tapanui), for £2/1/3, costs £l/3/6; A. and R. Blue v. Robert A. Allison (Mataura), for £2O/17/3, costs £4/1/6; Southland Hospital. Board v. Edward Woodward (Wyndham), for £3, costs £l/3/6.

On a judgment summons J. Lynch, of Gore, was ordered to pay M. S. De Clifford £9/17/6 and solicitor’s fee 15/6 forthwith, in default 11 days' imprisonment, the warrant to be suspended on the payment of 15/- a week. G. Peterson, labourer, of Gore, was ordered to pay the Para Rubber Co. Ltd. £2/0/9 forthwith, in default three days’ imprisonment, the warrant to be suspended on the payment of £1 a week.

G. Condon, of Gore, was ordered to pay the Official Assignee £3/1/- forthwith, in default four days’ imprisonment, the warrant to be suspended on the payment of 5/- a fortnight. Ivan McKinnell, of Gore, was convicted and fined 5/-, costs 10/-, for riding a bicycle at night without a light. Peter J. Burke, of Gore, wrote pleading guilty to a charge of negligently driving a motor-vehicle at Gore on August 15. A charge against Reginald A. Allen, of Charlton, of parking a motor truck without lights was heard together with the charge against Burke. Mr O. J. Howells appeared for the defendant Allen and entered a plea of guilty. Sergeant D. W. Black said that the defendant Allen had parked a motortruck in River street on August 15 without lights. About 4.15 a.m., the defendant Burke had driven a taxi along this street and crashed into the back of the truck. The defendant Burke said he was travelling at from 20 to 25 miles an hour at the time and he could give no explanation why he ran into the truck. His headlights were on and there was apparently no reason why he did not see the truck.

Mr Howells said that the truck owned by the defendant Allen was a half-ton vehicle and had been parked well on the correct side of the road. It had been a clear night and the defendant Allen had thought he was justified in parking the vehicle without lights. Burke was convicted and fined £2, costs 12/-, and Allen was convicted and fined 15/-, costs 12/-. • .

George M. Butel, of Mataura, was charged with not having a warrant of

fitness for his motor-vehicle. He was convicted and fined 10/-, costs 10/-. Alexander McAllen, of Waipounamu, was convicted and ordered to pay costs 12/- on a similar charge. LIQUOR AT DANCE S. G. Crowe, of Clinton, wrote pleading guilty to charges of failing to notify that he was taking liquor into a nolicence area, and to hqving liquor while attending a dance. R.' Keogh, of Clinton, was also charged with having liquor at a dance and with carrying liquor without ah order from the purchaser. He wrote pleading guilty to both charges. Sergeant Black said that on August 14 with Constable J. Feeley he was on duty at a patriotic dance at the Theatre Royal, Gore. There was no drinking at the dance, but they noticed cars going away from the hall and returning later. They carried out investigations and found a car parked in a right-of-way about 150 yards from the hall. The defendant Crowe was in the front seat of the car and he had a bottle of beer in his hand, while he was trying to conceal a bottle of gin. The defendant Keogh was in the back seat and he had a bottle of wine. He said he had no more liquor but on searching the car they found 13 bottles of beer. Crowe admitted obtaining the liquor at Mandeville and failing to notify the licensee that he intended taking it to a nolicence area. He also admitted being at the dance. One point in favour of both defendants was that they recently came to the district from licensed areas and were perhaps not conversant with the regulations. The Magistrate said he was letting the defendants off lightly on the charge of failing to notify that they were taking the liquor into a no-licence district because of the unusual circumstances. It would be as well for the public to realize, however, that there was a heavy penalty for this type of offence. Crowe was convicted and ordered to pay costs 10/- on the first charge, and convicted and fined £l, costs 10/-, on the second charge. Keogh was convicted and fined 15/-, costs 10/-, on the first charge, and 10/- costs on the second charge. An order was made for the liquor to be forfeited.