MAGISTRATE’S COURT.

Taranaki Daily News, 6 December 1922, Page 3

MAGISTRATE’S COURT.

SITTING AT WAITARA. At the Waitara Court yesterday morning, before Mr. A. M. Mowlein, S.M., judgment was given in the following undefended cases:— M. Campbell v. D. J. Lynch, claim for £1 3s 2d, balance owing on claim for £2 14s (costs 15s); executors’ estate J. Rennie, deceased v. G. M. Holey, £ll Is 4d (costs £3 8s) ; John Stephen Agate v. Evan H. Jones, £3 4s 2d (costs £2 Is 6d) : James Parry v. Haimona Tauria, £5 4s 9d (costs £2 2s 6d). C. R. Stead v. I. W. Campbell, £24 15 Ils (costs £1 10s); Clifton County Council v. Griffith Jones, £4 6s 4d (costs £2 5s 6d).

In a judgment summons case, W. James v. Taki Onemihi, judgment by consent was given for £l2 4s 6d (costs £2’ 15s 6d). At the suit of 11. Wells and Co., Jacob Tame i was ordered to pay £1 per month, the wari rant to be suspended provided payment i was sustained. The claim was for £2l 3s 6d. RATES OF RETURNED SOLDIERS. At the suit of the Clifton County Council, Fredrick E. Waterson intimated his inability to pay £ll 13s 9d due for rates on his soldier’s section. He had g/.ie 35 miles into the backbloqks, in order to secure cheap land, and had to contend with difficult access and mud roads. The Government had been keeping him as his farm produced very little. He was under the impression that men in his position were not liable for rates.

Mr. R. C. Stead, for the council, said it was not known that defendant was a returned soldier, but thought if he applied to the council he would receive a sympathetic hearing. The matter was adjourned to the February sitting to enable defendant to officially approach the council and ascertain his exact position.

In the case of the Council v. Gordon F. Salway, claim for £24 7s, arrears of rates, the magistrate also adjourned the hearing to February, remarking that he was also a returned soldier in similar difficulties.

DEFENDED CASES. Mr. E. Beckbessinger (Mr. R C. Stead) sought to recover from Jacob Kaingaru, or Tame,*the sum of £8 Is 4d for groceries bought by him on February 8 last. In reply to Mr. Stead, defendant stated he had a half interest in 35 acres, which was occupied by a Mr. Cole. No rent had been fixed, but 10s per week was suggested. He earned £5 per month sharemilking for his father and supported a family. No order was made.

At the suit of Mr. W. J. Mount joy (inspector of factories and awards) Mrs. Mary Maher was proceeded against for keeping her shop open on a statutory half-holiday. Andrew Bennett, inspector of factories stationed at New Plymouth, stated that he had visited Mrs. Maher’s shop at 8.30 on Saturday evening and found the premises lighted and the door open. Besides confectionery she sold trinkets and stationery. Defendant was convicted and fined £1 (costs 7s, expenses 4s). Mrs. Lilly Gaustad (Mr. J. C. Nicholson) pleaded guilty on a similar charge. Mr. Nicholson stated the shop was removed from the business area and asked for a nominal penalty as accused had been in business only a short time and was unacquainted with the law. The inspector (Mr. W. J. Mount joy) said besides groceries the shop contained tobacco, fruit, etc. When the visit was made three customers were inside and a thriving trade appeared to be going on. Accused was convicted and fined £1 (costs Ils).

! Fitzgerald and O’Neill, of Urenui (storekeepers) were also accused of keeping their premises open during a statutory half-holi-dijy. The inspector stated that in March last it was brought to the notice of the department that defendants were observing Saturday instead of Thursday as their half-holiday. Defendants had been warned that if they deisired to alter their holiday they must notify the department. A second letter to the same effect was forwarded later. Since then he had observed the shop open on Thursday, but subsequently had received notice that Saturday was going to be their half-holiday. Defendants had a billiard saloon adjoining their shop and purchases were effected through the connecting doorway. For the defendants, Fitzgerald said that on the occasion of the inspector’s visit his partner had allowed a customer into the shop to pay an account, but had neglected to close the communicating door and several . people had followed him in. He mentioned that with country stores it was often difficult to refuse a farmer who had come a long distance over mud roads to obtain supplies. In convicting defendant, Mr. Mowiem said no law could be made equally equitable to all but, although extenuating circumstances might exist in the country, the law must be obeyed. Defendants were fined £2 (costs Ils).

ABSENT FROM SCHOOL. Mr. Geo. Pascoe (attendance officer) laid a complaint aaginst Wm. Jones, Waitara, for failing to send his son Percy Jones regularly to school. The inspector stated this family had been very troublesome and had had six previous convictions. In fining the parent 5s for each day the child was absent (25s in all), and costs 7s, Mr. Mowiem remarked that the father was evidently doing his utmost to evade the requirements of the Education Act. TENEMENT CLAIM. Mr. L. T. Kendrick (Mr. R. C. Stead) proceeded against Colin C. Limmer (Mr. J. C. Nicholson) for possession of a tenement. This case had been adjourned from a previous sitting, but nothing further had been done. Colin C. Limmer, laborer, Waitara, said he had a wife and six young children between the ages of 2 and 12 years. During the last four months he had made several inquiries about houses, but so far had not been successful. He was, at present waiting a reply from a man in Wanganui for whose house he had made first application. He had always paid his rent regularly. Mr. Mowiem said that if the defendant was evicted he would undoubtedly be subjected to great hardship, especially as the holiday season was approaching. He therefore adjourned the case till the January sitting on defendant’s promise to remove his family within 24 hours of finding a suitable house.