MAGISTRATES' COURT.

Taranaki Daily News, Volume LVII, Issue 60, 31 July 1914, Page 6

MAGISTRATES' COURT.

NEW PLYMOUTH SITTING. Mr A. Crooke, S.M., presided over a sitting of the Magistrate's Court at New Plymouth yesterday for the hearing of various offences. THE MAIL COACH CASE. The iirst case called was that adjourned from last week in which the County Inspector ('Mr .11. H. Quilliam) oharged W. A. Jury, proprietor of the mail coach between New Plymouth and Opunake with failing on July 4 to leave sufficient room for a motor car to pass him on the Main South ro:\d.

Malcolm Taylor, of New Plymouth, engineer, said he was on the box seat of the coach to Opunake on July 4. lie remembered the motor passing about the Timaru factory. Tiie first lie saw of the car was when he was abreast of the coach. He did not hear any siren or horn, and did not sec I e driver of the coach look round bcfo'.'o the coaen approached. Witness was closely cross-examined byMr Quilliam as to the accuracy of his recollection of the events, but adhered to his recountal of the happenings. Mr Quilliam stated that he had not licen able, as he expected, to call evidence as to the width of the road at the point in question, hut was himself in the car in question and had subsequently measured the road at that point. With Mr tStandish's permission, he stated that it was 31ft. wide; of this about 20ft. was good road.

It was stilted that a coach was about Bft. wide and a car Oft. Mr Crooke remarked that the ease hung on whether the driver heard the alarm, and thorn was evidence that he did not. On the whole, he had been close to the danger line, but there was just a margin in his favor. His Worship had tested the siren on the car that day and was of opinion that on a dull day it could not lie heard at a distance which separated the car from the coach at the time in question. Hi; dismissed the information, allowing Us expenses to the witness Taylor. BV-LAW CASKS.

'Breaches of the New Plymouth borough by-laws were dealt with as follows, 'Benjamin Tippins (Borough Inspector) prosecuting: John Uogne, for leaving a vehicle in St. Aubyn street unattended, was lined 5s and costs 7s. William (Jibson, for footpath cycling in the Borough, was lined ICls and' costs 7s. Archibald liurrcll Roliinson, for cycling on the footpath, was convicted' and ordered to pay costs 7s, the Inspector stating that the road, was very bad in the place where the offence" took place. NEGLECT OF A SHEEP.

An employee of N". King was charged with failing to supply a sheep with sullieienl food am! water while it was at the sale yards, called the llavmarket cards. The inspector (Mr H. Tippins) stat--d that the sheep was in a pig pen at the yards from Saturday till Monday without food and water, lie noticed 'it when on his rounds and sent the animal avvav in an express. 'Defendant did not appear, but wrote .saying it was pure; forgetfulness. lie was convicted and fined Ills and costs 7s, his Worship remarking that it did int appear to have been wilful cruelty.

MATRIMONIAL TROUBLE. j l'etc-r I'ercival (Mr C. H. Weston) I applied for a dissolution of a" maintc- | nance order in favor of Beatrice lVrci- | val (who did not appear) and for the j cancellation of arrears due thereunder. Mr Weston explained that the onb-v I was made on June -2, Mill), for (is per ■j week, and on December 1. l!)(l!l, the , parties were divorced by Supreme Coroi decree. Since the decree, maintenance , had neither been paid nor claimed, and the husband now applied for a dissolution of the order on the grounds that the divorce allered the status of the ; wiie altogether, she being no longer a i married woman. ! -V'-Ci' •'•■ S.M.: But has i: not been j decide,) that a divorce has no cli'c.-t on ,a iiiaint.-nance order;' ! Mr Weston: I think not, vonr Worship. It dissolves the matrimonial He .altogether. " i After looking into (he law.-Mr :v (1i ,;.,. 'arrears only as from Hie' date' Vi'f lb,' decree. The cancellation, however w'li not ta!,e ,-IVect until the anvars to that date arc paid.