MAGISTRATE’S COURT

Bay of Plenty Times, Volume LVII, Issue 10146, 8 August 1929, Page 2

MAGISTRATE’S COURT

MONTHLY SITTING

Tho monthly sitting of tho Magis- j trate’s Court at Tauranga was j held before Mr S. L. Paterson, r S.M., yesterday, when the follou-, ing cases were dealt with: j THEFT OF GOODS. | The adjourned ,ca.se, in which four buy s were charged with stealing goods to the value of Li, was taken in the Magistrate’s room before Mr S. L. Patterson, S.M. The boys were placed on probation for two years under strict con- j ditions, and wore ordered to make ' restitution for the articles stolen. UNLIGHTED VEHICLES. Leslie Symes, for a breach of the Lights on Vehicles Act, did not appear. Evidence showed that de- j fendant was riding at night without a light. The Magistrate said he had had cases of manslaughter charges in which the unfortunate victim was riding without lights. The Act wa 0 in the interests ox cyclists as much as motorists. Fined £l with costs 10/-. "Wong Wah, for being in charge of a horse and cart on the S trail (I after sundown, without lights, was fined £2 and costs. Constable Davies said defendant habitually neglected to use lights. SALE OF MOTOII CYCLE. J. M. Foxon, who failed to notify the sale of a motor cycle within seven days of sale, as provided by law, was fined £l and costs 10/-. SHOOTING GAME. M. A. Scott and T. G. Mullins were charged—each on two counts - with taking game without a license at Matakana and Athenrcc. Defendants wrote pleading guilty and were fined £2 each and costs on each charge. CIVIL CASES. In the civil cases, judgments for plaintiffs were as follows : H. S. Canliarn v. Hop 1 Sing, £32 Is 3d. Defendant was ordered to pay £l per month. W. G. Padlic v R. W. Archer, £25 5s 6d. Maxwell and -Brash v. A. Stewart, £25. P. W. Allen v. J. Wilson £2l ISs, J. H. Earl v. J. Wilson, £‘2T 14s 2d. P. W. Allen v P. W. Archer, £lO 4s sd. The following Tauranga County Council cases were dealt with: County Council v. G. J. Muir, £lO5 15s ‘7d and solicitors’ fees £5 2s 6d. Same v. Muir’s Gold Reefs, £l3 8s lOd and costs £l , 3s. Same v. J. H. Fowler, £l 10s 6rl, costs 10/-, solicitors’ fee £l 11s. Same v. H. M. Stewart, Administrator of the estate if S. I. Stewart, £l2 3s 9d, costs £l Bs, solicitors’ fee £l 11s. VEHICLES IN COLLISION. In the case of Police v. Tyler, B. Macdonnell, constable, of Taneatua, in evidence said he was driving nis car down Spring Street totowards tho Star Hotel and was ,on his left side, about. a-quartcr to six on Saturday night, July 13. There jyas , a drizzling rain and it wa s dark. He was travelling about ten or twelve miles per hour, and his car lights were in good condition. At tlie intersection of Willow Street a lorry driven by defendant came round the dummy policeman at a high speed from Willow Stcret, and crashed into his car, damaging the mudguard and breaking tho back door. A plan of the intersection, with the position of the car and lorry when the impact took place, was put in as evidence. Mrs Macdonnell stated she saw the lorry coming along Willow I Street and wondered why it did not slow up. After the .impact she asked defendant if he did not see them and he said he only noticed them when they came in range of his lights. Constable Davies in evidence stated he was called after the accident and saw defendant with his lorry, which was damaged, and told defendant ho should give way. I He took a rough plan of tire place' where the accident happened. I Mr McDougall, who appeared for defendant, cross-examined witness to show that Macdonel] was on his wrong side and that it was impossible for Macdonel 1 to see two chains along Willow Street, as staled, on such a night and asked that the case be dismissed. Tyler, in evidence, said he was travelling at about 4 miles per hour along Willow Street, as he had just come out of Washer’s Garage and there was the Wharf Street crossing and other traffic on the road that precluded him going at n. greater rate. He first saw the car when it came within range of his lights. Ho immediately put his lurry into reverse gear and stopped instantly, and Macdonnell’s car ran into him. The Magistrate found that the evidence was against defendant and fined him 10s with costs £2 JOs lOd.