MAGISTRATE’S COURT

Grey River Argus, 14 December 1943, Page 6

MAGISTRATE’S COURT

GREYMOUTH SITTING. Mr. G, G Chisholm, S.M., presided over a sitting of the Magistrate’s Court at Greymouth yesterday. Senior Sergeant G. H. L. Holt represented the police. Joseph Thomas Leonard was charged with attempting to drive a car across the Tainui Street railway crossing when the line was not clear. Senior Sergeant Holt said that on October 14 the defendant was driving a car at a fairly slow rate of speed south along Tainui Street and as he came up to Che cressing he did not notice that an engine was going west along the line. The evidence showed that the engine blew its whistle when 200 yards from the crossing and again when close handy, and a porter who was riding on the cow-catcher said that the flashlights were working. Apparently the defendant di. not see the engine nor hear the whistle and did not see the flashlight. He collided with the engine, damaging the car. The porter- was rather badly injured.

Defendant, who pleaded guilty, saici that as he approached the crossing at about six miles an hour he looked over to the right to the flashlights and did not see them working. He then listened for the bell as he was used to the Herbert Street crossing and when he did not hear it, concluded that tire crossing was clear. The flashlights had now been moved to the other side of the street. The engine was coming from the left and he would be looking to the right at the lights. He was fined £2, with costs 10s. A. M. Jamieson, M.J., Burton. A. R. McArthur, G. McLean, J. McNab, H. R. Hickson and Ngaira Tate, each charged with riding bicycles at night without a light, were each fined 10s, with costs 10s. The informations were laid by the Borough Traffic Inspector (Mr. H. Lane). Hickson, who appeared, pleaded guilty and said that he had a battery lamp and could not buy batteries. ■ The Traffic Inspector said that lamp batteries were scarce but torch batteries were available most of the time, and were convertible into lamp batteries.

On the information of the Commissioner of Crown Lands (Mr. King) George Cameron was charged with cutting timber without right on Section 3238, Block 12, Mawheranui S.D. He was also charged with removing the timber, 1,410 posts. The alleged offences took place between March 1 and June 20 last at or near Nelson Creek. Mr. J. W. Hannan, for the defendant, pleaded guilt.?. Mr. F. A. Kitchingham, who conducted the prosecution, said that defendant, with a man named Dunster, who was now overseas, had a cutting contract to get posts for a man in Hokitika. They were cutting over a privately-held leasehold section, but went over the boundary into a Crown holding. There should have been no mistake about the location of the boundary on which a number of pegs were found. There had been no seizure of the timber and no royalties had been paid. Royalties at the minimum rate would amount to £lO 5s 7d and inspection fees to £2 6a Bd. He suggested that 25 per-cent, be added to the royalties as the district concerned was handy ’to the railway. Mr. Kitchingham added that there had in the past few years been a considerable numbei- of prosecutions for cutting timber without right, and the time had come when all timber cutters should know that before they started cutting they must obtain the right in the usual way. : Mr. Hannan said that Cameron and Dunster were sub-contractors. They were cutting quite honestly as far as they knew. The boundary had been cut many years ago and was difficult for a layman to n-'ck up. He pointed out that) with one of the partners overseas defendant would have to bear the whole cost of the prosecution. When the ranger marked out the line, defendant went to Hokitika and offered to pay the royalties out was told by the Commissioner of Crown Lands that there would be a prosecution. On the first charge defendant was fined £5, with costs 10s, and ordered to nav £l2 royalties, £2 6s 8d expenses and £2s 2s solicitors’ fee. On the charge of removing the timber he was convicted and ordered to, pay costs.