MAGISTRATE’S COURT

Press, Volume LXXXV, Issue 25896, 31 August 1949, Page 8

MAGISTRATE’S COURT

TUESDAY (Before Mr Rex C. Abernethy, S.M.)

IMPRISONMENT On a charge of being found without lawful excuse on the enclosed premises of the Ambassadors’ Hotel, Manchester street, on August 30. Thomas Beck McNeil. aged 39, a motor-driver, was convicted and sentenced to 14 days’ imprisonment. Sub-Inspector G. H. L. Holt said that at 2.10 a.m, McNeil was found sleeping on a couch in the hotel lounge. He refused to leave when asked and was later arrested. REMANDED Hubert John Taylor, a cook, aged 20 (Mr H. W. Hunter), was remanded to September 6 on a charge that he stole a motor tyre, wheel, and tube, valued at £7 10s, the property of George Patrick Anderson, on August 21. Bail was allowed in the sum of £25, with one surety of £25, accused to report daily to the police. TRAFFIC OFFENCES Penalties were imposed as follows for breaches of the traffic regulations. The charges were brought by the traffic department of the Christchurch City Council : Cycling at night without a light: Charles William Ansley, £1; Norman Edgar Critchley, £1; Roger Gibbs, £1; Arthur Herbert Mantell, £1; Kenneth John Rankin, costs only; Laurie Sherwcod, costs only; George Arthur Swanston, £l. Unlicensed vehicle: Cecil Edward Dyer, 10s (no driver’s licence, 15s); William Young, costs only; Dorothy Esther Redgrave, convicted and discharged (no driver’s licence, costs only); Frederick Allen Barrow, 15s; Geoffrey Mardon. 10s (no warrant of fitness, 10s; noisy exhaust, costs only; not displaying rear numberplate correctly, costs only). Not displaying current licence label: Thomas William Rose, costs only; Benjamin Hayes, 10s; Arthur Henry Lane. 10s (no driver’s licence, 10s); Joy Isabel Manhire, costs only: Victor Harvey Marsden, ss; Thomas Meadows, convicted and discharged; Alfred Munt. ss; Jack Hamer Pickles, 10s (no driver’s licence, ss); Kura Clarice Ramsay, ss; Harold Frederick Redmond. costs only (no licence, costs only); Struan Wann Syme, costs only; Mary Anne Weir, costs only. Parking offences: Ronald Thomas Lisle, 30s (no warrant of fitness, 15s); Adam Allister Crosbie McPherson, 10s; Daphne Mary Barclay, £1; Arthur C. De Lacy, 30s; William Ellis Desmond, £1; John Hardie, £1; Clarence George Mahan, 10s; Ronald Walter Mooney, £1; John Stewart O’Neill, 10s; Thomas Clifford George Pierce, £1: Lionel William Regan, 15s; Marjorie Frieda Rodger, 15s; Thomas Perry Sheen. £1; Finn Peter Sivertsen. £2; Kenneth William Stacey, £l. Cycling without hands on handle-bars: John Bennett, 10s; Gordon Nicholls, 10s. Driving without due care and attention: Leslie Gordon Blanchett-Burton. 10s. Proceeding against traffic lights: Eric William Borrie, 10s. No driver’s licence: Patrick Terence Boyd, £1; Benny Ching. 15s; Edward Stephen Cunningham, 15s; Jack Cunningham, 15s; George Robert Forbes, 15s; George William Glassey. 10s; Alan Keith Grant, 10s; Hector Douglas Knowles. 10s; Keith Forsyth Rollo. 16s: George William Scott. 10s: Kenneth John Stevens, 10s. Exceeding speed limit: Grenfell Cook ; Rremner. £2; John J. Craddock. £2 (no ’’driver's licence. 15s); Douglas Drayton, £2: James Francis Ford. £2; Frances Edwin Kotlowski. £2; Gilbert Victor Tozer, j Overloading heavy traffic vehicle: Leonard F. King, 10s. Insufficient lights: Ervine Sydney Knight. 30s (no driver’s licence, costs only, no warrant of fitness, 10s: failing to display current licence label, costs only). ~ _ No warrant of fitness: Colleen Jean Mathias. 10s. Failing to give way while turning: George Samuel Pratt. £l. Cycling on footpath: Trevor Bruce Williams. ss. In prosecutions brought by the Transport Department for breaches of the traffic regulations, the following fines were imposed:— No warrant of fitness: Clive McKay, 10s; Trevor John Redmond. 10s (unregistered motor vehicle, 30s); Royal Alexander Stephenson, 10s. I No certificate of fitness: Raymond I Gilchrist, £2; Randolph Wood Supply. ‘ Ltd., 10s; David Titheridge, 10s; John I Alexander Grahamshaw (trading as Robertson and Company, Ltd.)*, 10s. j Driving at a dangerous speed: Radford Lionel Strathmore, £5. Exceeding speed limit: Kenneth RayI mond Wright, 10s (no heavy traffic lii cence, 10s). Wrong class of driver’s licence: Sydney Roy Tolchard, 10s. Insufficient lights: Mervyn John Sarglson, 30s. Failure to give way: James Bowie Reid, £2. CIVIL CASE (Before Mr F. F. Reid, S.M.) JUDGMENT FOR PLAINTIFF “I have held that the agreement speaks for itself and that evidence cannot be admitted to qualify it. It follows, therefore, that the plaintiff is entitled to succeed in his claim,” said the Magistrate, when giving judgment in a claim by James Stevenson (Mr W. F. Tracy) ■ against Leonard Clemens (Mr H. W. Hunter) for £274 10s 4d, being the balance, plus interest, owed by the defendant for a filly sold to him by the plaintiff. In a counter-claim defendant claimed £179 5s for money paid at plaintiff's request for feeding and grazing expenses and £5O as a deposit on the filly. There was a conflict of evidence on the counter-claim and the total amount that could be allowed was £4B 18s, the Magistrate said. Mr Tracy said that plaintiff was the owner of a brood mare and defendant was promised its foal. When the foal was born it was found to have a slight rupture, but defendant agreed to buy it. On May 16, 1947, an agreement was drawn up and Clemens agreed to pay £3OO, with £5O as a deposit. The deposit had been 1 paid and the document signed. DefendI ant took the foal, but when an operation was performed the filly died and defendant said he would not pay any more. 1 Mr Hunter said the contract was con- ; ditional, the condition being that the filly ' should be successfully operated upon. ■ Some of the items in the counter-claim , had been incurred before the actual sale I took place, he said. J Judgment was given the plaintiff for £225 12s 4d.