MAGISTRATE’S COURT

Ashburton Guardian, Volume 50, Issue 154, 11 April 1930, Page 6

MAGISTRATE’S COURT

CASES HEARD TO-DAY. SMALL LIST DEALT WITH. CONSENT FOR SCAFFOLDING. There was a smaller list of cases than usual before Air C. R. Orr Walker, S.M., in the Ashburton Magistrate’s Court this morning. Crum Brothers, builders, were proceeded against by the Inspector of Scaffolding, who- alleged that defendants began repair work on a chimney without having first notified the Inspector at least 24 hours before the work was commenced. Mr A. C. Williams, for the Inspector, stated that two previous warnings had been given to defendants. Mr V. W. Russell, for defendants, said the job was a rushed one, and the necessary consent could not be obtained in time. In the case of the warnings given, these related to works that were not Crum Brothers. Defendants were fined £1 and costs. Incorrect Scales. James Henry Prattley was charged with having had in his possession a 281 b parcel scale which was incorrect and not stamped. Mr R. Kennedy appeared for defendant, and entered a plea of guilty. Defendant was fined £1 and 10s costs. Drunk While Prohibited. Frederick Cox was charged with having been found drunk and with having procured liquor during the currency of a prohibition order. Defendant was convicted and <i:scharged on the first charge, and fined £2 on the second charge. Claim for Wireless Set. The adjourned civil claim for £3O was brought by the Public Trustee (Mr Brown) against Ernest Jones (Mr Drury). Evidence given last Court day was to the effect that defendant had viewed a wireless set and had had it sent to his home for a trial. Later he told the vendor that the set was not working properly. . Defendant stated that he viewed the set and took it to his home for a trial. He found it defective, informed the Public Trustee’s manager abopt it, and was told to take it to the agents. This he did 1 , the arrangement being" made by the manager. He took the set home again, but could get only the Christchurch and AVellington stations. He said he would not pay £3O for such a set. The manager promised to send a man. to see the set, but the man did not call. Later witness took the set back to the manager and told him he wanted to have nothing to do with it. The manager said he would see that the man went to see the set that night. Two men tried it out, but got only a few,noises out of it. Filially, witness took the set back to the manager. To Mr Brown: Witness denied that he had offered £lO for the set at the time it was being tested first. His statement that he wanted to have a trial at his own home was not an aftermath. Witness did not mention to the manager that he wanted a trial of the set. 1 H. W. Pettingill, formerly manager for Scott and Co. at Ashburton, agents for the set in question, said the set was wrong mechanically when he inspected it at Jones’s home. Witness’s time was to be charged up to the Public Trustee. It was not true for the manager of the Public Trustee’s Office to say that he had not sent witness to Jones’s house. Witness thought it was unfair for the Public Trustee to try to force the set on Jones.

The Magistrate said that defendant could not explain why he did not say anything when the Public Trustee manager told him he was going to inform the owners that the set had been sold. He could not take the evidence of defendant or his witness.

Judgment was given for plaintiff for £3O. with £2 Court costs, solicitor’s fee £4 3s, and witnesses’ expenses £2 19s 2d.

Maintenance Arrears. On a charge of being in arrears with payments under a maintenance order, Robert Montgomery was sentenced to twor months on gaol, the warrant to be suspended so long as he pays £2 7s 6d a week. > Civil Business. Judgment for plaintiff bv default was given in the ease of the New Zealand Farmers’ Co-operative Association y. A. R. Andrew, 10s Bd, with 9s costs. In the judgment summons case A. B. Paterson v. P. McLaughlan, judgment debtor was ordered to pay £l6 ,14s 3d on or before April 30, in default 16 days in gaol. In a similar case, J. McGovern was ordered to pav £4 15s 9d to the Christchurch Times Co., Ltd., on or before April 30, in default four days n gaol.