MAGISTRATE'S COURT

Ashburton Guardian, Volume 48, Issue 139, 23 March 1928, Page 5

MAGISTRATE'S COURT

MANY CASES HEARD. LEVEL GROSSING BREACH. FINE OF £3 IMPOSED. In the Magistrate’s Court this morning, before Mr H. P. La-wry, S.M., Arthur John Nicoll was charged with having passed over the Burnett Street railway crossing when a train was approaching within half a niil.e. Defendant did not appear. Constable W. Bentley said the train was a few chains from the car when it crossed. Defendant was fined £3 and costs 10s. Breaches of the By-Laws. George Bennett was fined 5s and costs 10s on a charge of riding on the footpath. Charges of having ridden bicycles at night without having lighted lamps attached were preferred 1 against the following, who were fined the amounts stated:— Jack Dabinette 10s and costs 10s. Stanley Wallace 10s and costs 10s, A. J. Temploman 10s and costs 10s, Victoria Scott, - convicted and discharged. Charged with driving an unlighted cart at night, James Wilson was fined 10s and costs 12s. James Morrison Wilkie was fined 10s and costs for parking his car without lights. On similar charges, Archibald McDonald and Cervantes Jason Bell were each fined 10d and costs 10s. Thomas Benjamin Parish was charged with having driven a oar without having a license. He was fined 10s and costs 11s.

Cutting the Corner.

On a charge of having “cut”-a corner when driving a motor-car, Rowland Bedford was fined 10s and costs 10s.

UnreslStefficfe Firearm. For being in possession of an unregistered firearm (a Winchester reneater), Edward Lyndon Peter was' fined 10s and costs 12s. Licensing Act Charges. William Miller (of Wnkanui). was! charged with having .failed to give a tvritten- order when ordering liquor to be sent into the No-License area oi Ashburton. , , Mr R. Kennedy appeared for cleieadant and pleaded guilty. The St. Albans Brewery C 0.,, -Ltd., was charged with having sent liquor into the Ashburton area without having a 1 written order to do so, and wi a having failed to send notice to i--Clerk of the Court of the quantity or liquor sent. , c , Mr L. A. Charles appeared for defendants, and pleaded guilty to tne second charge. , Both casks wore taken: together, Senior-Sergeant Martin stating that- a verbal order was given for the liquor. Mr Charles said the Court had been notified, but the quantity was, not stated. The firm was a new one and did not know the law, thougn that was no excuse. , Miller was fined £1 and costs life. The other defendants were fined Ate and costs 10s on the first cr.arge, urn, 10s and costs 10s on the second.

Civil Business. Judgment for plaintiff by default was given in the case of McDonald ant Dunlop (Mr Kennedy) v. Leslie J. Hall, £3 8s 2d, costs £1 8s 6d. Naylor Wilson (Mr Kennedy) proceeded against J. M. Findlay (Mi Russell), to recover £l2 10s, balance duo under a time purchase scheme. Plaintiff said that after much trouble he regained .possession of the motor cycle, and it was sold, witness being ■diort in the transaction the amount or the claim. Defendant had never questioned the account. To Mr Russell : He accepted a promissory note for £l6 as deposit on. the cvele, but when it was due a week later defendant gave him £lO instead of the £l6. Two months later defendant told witness he wanted to cancel the agreement. He did not agree then to accept the £lO as hire. At this stage the case was adjourned for half an hour to allow of the. appearance of defendant, but as, at the expiry of 'that time, there was still no appearance of Mr Russell s_ client, judgment was entered for plaintiff bv default for the- amount claimed, with costs £4 2s. The following judgment summons eases were dealt with:P. and D. Duncan (Mr Woods) V. J. Middleton, claim £34 9s. 7cl.—Judgment debtor said he was a blacksmith on his own account, and was- averaging about £5 a week in his takings. He had four children. He was paying £/ a month off another judgment, and would he about ten months more in paving it off.—No order was made W. 'Strange and Co. (Mr Russell) v. John Chambers, claim £7 los.— Judgment debtor said he earned £l9 -a month. He had four children The Magistrate said counsel had noi given the judgment debtor a chance to pay the debt. He had been given less than a fortnight to pay. Mr Russell said he had reason to believe judgment debtor had money and was able to indulge in outside luxur-l

The Magistrate: But you don’t expect a. man earning £4 10s a week to find £7 15s in two weeks and keep his family? I would not think of making an order.