MAGISTRATE'S COURT.

Taranaki Daily News, 13 August 1920, Page 6

MAGISTRATE'S COURT.

BY-LAW CASES. At the New Plymouth Magistrate's Court yesterday, there were a number of informations concerning breaches of the by-laws. For allowing four horses to be at large on the Te' Arie road, James Marsh (Tikorangi), who did not appear, was fined 20s, and costs 17s Cd. • A similar charge regarding two horses was preferred against J\ W. Scott, of Inglewood. Defendant, who did not appear, had a previous conviction, and was fined £2, costs 17s fid. Albert May (Bell Block) and J. Cross (New Plymouth) were each mulcted in a penalty of £1 and costs 17s 6d for allowing horses to wander. A fine of £2 and costs was imposed on H. E. Marsh (Oakura) on a charge of allowing six head of cattle to be at large on the Main South Road.

C. de Launay (Waitara Road) was ordered to pay costs 22s 6d in connection with the information of allowing a horse to wander.

R. J. Bell, who was charged with permitting five cows to wander at Puniho Road, gave as an explanation that the stock were on the route from one section to the other. A fine of £1 and costs was levied.

For driving without lights, George Green, Plymouth Road, was convicted and ordered to pay costs 17s 6d.

In the above cases the informant was the ranger (Mr. B. Tippins), and the County Solicitor (Mr. R. H. Qtiilliam) appeared in support.

MAINTENANCE ORDERS. Charged with disobedience of an order ■to pay 10s per week for the maintenance of his child in an industrial school, Claude Jeffries gave as an excuse that he had had several illnesses. After crossexamination defendant was ordered to pay £l2 down, and lfls per week till (he arrears ( £27) are made up. Gladys E. Plaisted (Mr."C. H. Crokcr) sought a separation and maintenance order from her husband, R. W. Plaisted (Mr. H. R. Billing). After hearing evidence, the Magistrate said there was nothing to justify a separation, and he dismissed the information. An application was made by C. E. I. Biggin for an increase in the maintenance order against her husband, Val Biggin. After lengthy hearing his Worship made an order increasing the amount payable from £1 10s to £2 per week. A QUESTION OF COSTS. ■His Worship heard argument on the matter of whether or not costs should be allowed against the prosecution in the case of the Board of Trade (Mr. Billing) v. John Hale, dairyman, in which profiteering was alleged, the informant being C. N. Johnson. Mr. Quilliam claimed that the de : fendant was entitled to costs for two reasons. The first was that the prosecution was one undertaken by an ordinary individual, and as such, of course, carried costs. Jf it was contended that the case was a Crown one, counsel still contended that Hale should receive costs. In some instances costs were nwnrdcji against the Attorney-General if he was unsuccessful. In the New Plymouth case the unusual proceeding was taken of securing a private individual to lay the information. In regard to«tlie second contention there was no rule of law lie knew of which prevented costs being given by the Crown. In regard to the rule in police prosecutions, where no costs were given, counsel was of opinion that this was one of practice only, and not of rule,

In reply to Mr. Billing, his Worship i-aid that 'if he awarded costs it would have to he against the informant (Johnson).

Mr. Billing proeedeed to point out that the prosecution was a Bdard of Trade one. It wasn't even through Johnson that the information was laid, it being merely by accident that John-' son's name appeared on the record. The Board's representative enlisted the aid of Johnson, who laid the information at the dircstion of. tht Crows Sslisitor. In

view of this counsel contended that it was a Board of Trade prosecution. It might be this claim of counsel for the defence that it was an'arbitrary prosecution, but counsel contended that in all the circumstances the action was justifiable. Mr. Quilliam, in reply, said he asked for costs particularly on account of the expense to which defendant had been put through the lack of investigation on the part of the Board. His Worship announced he would give his decision in writing.