MAGISTRATE’S COURT

Press, Volume LXXXII, Issue 25061, 18 December 1946, Page 3

MAGISTRATE’S COURT

TUESDAY (Before Mr F. F. Reid, S.M.) IMPRISONMENT FOR THEFT George Leighton Huntley (Mr R. A. Young) pleaded guilty to a charge of stealing £5 in money from Joseph Turner Oliver, and guilty to a second charge of stealing £5 from Elwyn Frank Evans.

On each charge Huntley was sentenced to two months’ imprisonment, the sentences to be concurrent.

REMANDED » On the application of Senior-Detective F. J. Brady, J. H. Pearce, aged 20 years, was remanded to appear to-morrow (Thursday), when charged with attempting to defraud the Associated Radio Company of the sum of £26 6s, in that he disposed of a radio set to Clyde Ralston Boyd, the set being under purchase on the hire purchase agreement. Pearce was also .remanded on charges of theft of 10s, the property of Ellen Dawe, and £2, the property of Wilhelmina Margaret Duthie. Accused was allowed bail in his own recognisance of £lOO, and one surety of £lOO. TRAFFIC BREACHES For breaches of traffic regulations penalties were imposed as follows: No warrant of fitness: Michael Robert Shine, fined 20s; Cyril M. lss; Gordon Leslie Small, Ronald Stewart Alexander, Audrey Frederick Boocock, Robert Goodchild, James E’dward Nuttall, Neville Sands, Jam She Shun, George Foster Stevens, Cyril Hastie Stonyer, Bruce A. Syme, Gordon Thompson, Norman Jeffrey Tomlinson, each 10/-; Francis Dennis O’Malley, Eunice Myrtle Beale, Dorothy May Blair, Harry Nunes, Desmond Payne, Maurice Blackmore Tattle, Eugene Sefton Tillman, each ss. John Wilson was ordered to pay costs. No driver's licence: Albert James Partridge, fined 20s; Jam She Shun. Kenneth Winthorne Gimblett, Warwick Wallis Campbell Joyce, Desmond Payne, Melva Shand, Bruce A. Syme, 10s. Bruce Grant McAlpine was ordered to pay costs. Cycling at night without lights: Merville Baker, Murray John Bate, Allen Curnow, Frank William Henley, John Loper, Lloyd Perryman, Henry Reed, Charles Round, each fined 20s; John Gallavin, Douglas Gerald Greenslade, Colin George Hunt, Alfred Milne. William John Stickings, 10s; and Clarrie Morgan, ss. Ipcorrect parking: Albert Joseph Chicken ancj Cyril Haste Stonyer, each fined 30s; Kenneth Albert Bendall, John Nicholson Smith, each 20s; Michael Kearns, 15s; Charlotte May Bell. Roland Bullivant, James Keith Davidson. Arthur James Gordon, John Francis McMahon, Alfred George Gordon Nuthall, Joyce Ellen Smith. George Foster Stevens, and Blossom Strachan, each 10s. Harold Jack Hudson was convicted and discharged, and Thomas Weston was ordered to pay costs. Cycling without hands on handie-bafs: Maxwell Clemens. Rutherford V. Coles, Barry Robert Evans, Burrel Malcolm Field, Vincent Charles Gray, Alex Hood, Henry Kennedy. Derrick John Osborne, Phillip Silcock each fined 10s; James Edwards, ss; Allan Osborne and lan Gardner were ordered to pay costs. Failing to give way: Audrey Frederick Boocock and Helen Agnes Thompson each fined 20s; Alan Ronald Clarkson and Bernard Francis Long fined 5s each. Exceeding speed limit: Francis Dennis O'Malley, Newman Patrick James, Lawrence P. O'Dell each fined £2, and Allan Thompson, 10s. For permitting the use of a vehicle without number-plates attached, Robert Pashby was ordered to pay costs. For cycling three abreast, Ronald Frederick Harvey was ordered to pay costs. Douglas A. Barker was fined 20s for passing a standing tram-car. Barney Blake, W’illiam David Noel Park, and Robert Goodchild were each fined 10s, and Robert Edwin Hogg, Michael Robert Shine, and Albert James Partridge were ordered to pay costs for failing to signal a righthand turn. Victor J. Stevens was fined 20s for failing to stop at a school crossing, and John McFarlane Mitchell 30s, and John William Campbell 20s, for failing to stop at a pedestrian crossing. Colin Robert James Crawford was fined 10s, and William James Poultney was ordered to pay costs for failing to keep to the left. John Joseph Bell was fined 10s, and Ellen Gibson Dick, 20s for having insufficient lights. Edgar William Gosset was ordered to pay costs for obstructing a pedestrian crossing. Walter Leonard Parsons was fined 15s for parking too close to a corner. Michael Robert Shine was ordered to pay costs for not having L plates attached. John Roy Smith and James Basil Taylor were each fined 20s for parking over the time limit, and Leslie F. Tisdall was fined 5s for parking over a fire plug. William Tauwhare was fined 20s for overtaking on an intersection, and Dorothy J. Walton was ordered to pay costs for parking in a prohibited area.

For cycling with no brakes attached, Donald Edward Dailey was fined 10s, and John Robert Kaan was ordered to pay. costs. Kaan was also ordered to pay costs for cycling without a bell; William Jacobson was fined 10s for cycling negligently; Norman Hewitt was fined 10s, and Robert Mundy was ordered to pay costs for cycling on the footpath. Charles Robert McCreath was fined 30s for driving in a manner which might have been dangerous. CIVIL COURT (Before Mr Raymond Ferner, S.M.) ORDERS FOR POSSESSION The trustees of the Seventh Day Adventist Church (Mr G. P. Purnell) sought an order for possession of a house at 16 Livingstone street against Elizabeth McNatty Crocker (Mr J. K. Moloney). Mr Purnell said that the defendant was three weeks in arrears with her rent, after two payments made recently. The plaintiff had bought the property for the purpose of erecting a chapel, and that was why they wanted possession. The Magistrate commented that if plaintiffs could not get possession on account of default in rent payments they could not get it at all. When there were arrears, an order was made unless there were exceptional circumstances. Mrs Crocker, called by Mr Moloney, said that she occupied the house with her father, a married daughter and her husband, a sihgle daughter, and a cripple. The rent was 15s a week.

Mr Motoney suggested that the hardship to these people should be considered by the Court. The plaintiffs’ need should not be urgent, as it would take some time to get permits for building and to begin the work planned.

The plaintiffs were entitled to an order, said the Magistrate, but he would treat i the defendant as kindly as possible. He agreed that it would take some time to get the various permits for building. He would make an order for possession, to be complied with in six months. The defendant must keep up .her rent payments. Mr Purnell mentioned costs. "I think your organisation can bear the costs,” said the Magistrate. • Counsel observed that a number of persons were contributing to the rent of 15s a week.

R. Cole (Mr D. J. Hewitt) was granted ap order for possession of premises at 206 Salisbury street, and judgment for arrears of rent totalling £39. against B. Hunter. Before the case was heard, the Magistrate raised a question about the service of the summons, having received a letter signed by “Mr Hunter” denying that he was the person named. Mr Hewitt said that in a previous action between the same parties, the defendant had gone by the name of B. Hunter. Counsel conferred with the plaintiff, who decided to go on with the action rather than accept an adjournment till after the holidays. It was explained to the plaintiff that the confusion of names might lead to difficulty in enforcing an order. UNDEFENDED ACTIONS Judgment was given in the following undefended civil actions:—W. E. Rawlings v. F. Hellyer, £l9 10s; Stanley Wynne Jameson v. J. Keith, £26 4s 6d;

G. Duggan and Company, Ltd., v. Norman Frank Calvert, £52 4s sd: Australian Alliance Assurance Company v. W. Marsh, costs only; W. S. Harrison V. Ivan Meaclem, £4 ss; Charles S. Thomas and Thompson v. William Pengelley, £l.ls; Maling and Company, Ltd., v. W. Galbraith. £5 15s sd: J. Mercer and Sons, Ltd. v. S. Tracy, £76 8s; the Union Assurance Society, Ltd., v. G. B. D. Burns, £10; State Advances Corporation v. Frederick Frank Gillam, £l4 15s. JUDGMENT SUMMONSES On a judgment summons, B. O’Connor was ordered to pay Rink Taxis, Ltd., 6s, in default one day’s imprisonment. William Streeter was ordered to pay Arthur John O’Neill £7 3s 6d, in default eight days’ imprisonment, the warrant to be suspended as long as he pays £1 a week.