MAGISTRATE’S COURT.

Hawera Star, Volume XLVI, 3 November 1926, Page 2

MAGISTRATE’S COURT.

SITTING AT ELTHAM. The fortnightly sitting of the Eltham. Magistrate’s Court was held yesterday, Mr R. W. Tate, S.M., presiding. CIVIL CLAIMS. Juugiueno was given oy ■ueaLui.i on oenaii ox aouu \i.miam jiwusuii xoi jj.ijmeln. oi x-* os id, uicu costs s.l os uu against nicnara xviusaaie. Oxuers on judgment summonses were made as louows: —mioert it. usnerwoou v. Jb. A. Lower, to i/s od and costs los ou, in uerauit uve days' impnoouuient; o. G. otanners v. u. 3.0 as on, in .dexauit nve days.

icesei ved. •u.ecision in tne case in wnicn t’hyins Irene sneerin, as executrix m tne estate ot Bernard \ ineent Sneerm, iate or Auroa, contractor, claimed jtiu iiom J. Simmonds as a sum alleged, t-o oe short paid on a contract, was delivered. me magistrate round toi pamtiff for tne rult amount cianued, witn costs £<* bs.

ALLEGED Dain GEliOUb DRi\ i.\u. 1' ui'ther evidence in tne case m wnim. Oswald XNormaii 1 nomas, garage storeman, of xNe-w Piymoutn, was cnargeu. wltri-. alleged dangerous driving was neard. Tne case arose out oi an accident widen occurred on J ui.y d at tne junction of tne lupuntain and Anderson roads, less cnan a mile nortn or Litham. Tne nrst nearing was tureen on August Z 4, but was adjourned with a view to allowing a civil action to be heard. At the conclusion of the sitting yesterday, tne magistrate-intimated that he would conclude both cases on Monday next. BREACH OF FACTORIES Ad.

On the complaint or the cnief inspector of factories lor laianain, Air j. it. Whiting, Ira J. Bridger, motor cycle dealer, was charged with employing a youth under tne age of Hi years witnout obtaining a certmcate of fitness from the ..deal inspector. Defendant, who was not represented by counsel, pleaded not guilty. ‘ In outlining the case, the inspector stated that during a visit to Eltham on August 31, one of the departmental inspectors had discovered tiiat defendant had a boy in his employ under the age of 16. for whom he had made no application for a certificate of fitness. Inspector D. R. Mansefie'd corroborated this in evidence, and said that the boy in question was under the age of 15. Defendant had admitted that he had not obtained a eertfficate, nor had he been aware that such a course was necessary. Defendant cross-examined witness at length concerning the validity of the regulation, and the rationality of instituting a prosecution in view of the fact that he had not been awa-re of the clause in the Act. Constable F. H. Townsend, local officer of the Department at Eltliam, deposed to issuing a certificate of fitness for the boy at the defendant’s request, subsequent to- the visit of the inspector. Asked by defendant wlie ther he considered himself a fit person to issue certificates of this nature, witness remarked that this was included in his duties. By leave of the court defendant reversed his plea to one of guilty and stated to the magistrate that he had taken the rather unusual course for the purpose of bringing forward the whole of the facts. A conviction was recorded, and defendant ordered to- pay costs amounting to £1 2s. t MISSING COW.Further evidence- was given in the case in which James Roy Jones, farmer of Riverlea, claimed from Donald Graham the return of a cow belonging to him, and which he alleged the defendant had removed from the Auroa cattle yards, or -rectignisancfe in the sum of £8 10s, was taken. At the previous sitting of the court the magistrate had suggested that Wilfred Herbert, who- had sold the cow to plaintiff should visit defendant’s property with -a- view to inspecting the stock and -finding out if the missing animal was on the farm. Plaintiff was represented: by Mr. JD. Clement, while Mr, J. Hessell appeared on behalf of Graham. Herbert gave evidence to -the effect that he had, in company with counsel and the interested parties, visited defendant’s farm,, and had inspected the stock but 00-uld not find the missing cow, which had been a big black animal. , Tire case was adjourned, to- give the magistrate an opportunity to review the facts, counsels’ addresses being held over until the next sitting. MAINTENANCE OASES. Hans Jacob Jiaisobsen, on the co-m----oomplaint of his wife, Emma Jacobsen, appeared to answer a charge of being in -arrears to the extent of £24 to September 30, with maintenance in respect of an order -made at Hawera in May last. The ease was partly heard at the previous sitting of .the court, but -was -adjourned- by uhe magistrate for the purpoise of giving the defendant an opportunity to- bring forward evidence of his financial position. In evidence- defendant produced a statement provided -by the financial company, through which lie. transacted liis business. He stated that he was the owner of two- farms, one of 205 acres, and the other 116 acres, which under the Government valuation were estimated to* be worth a total amount o-f £9,800, -and mortgages under which totalled £8,600' From June 30 to September 30 of this year,'“witness had only received £3B for personal expenses, -and out o-f this lie had had to pay wages to an -assistant, who, with his wife and family, lived in defendant's house -and were kept by him. The magistrate advised defendant to apply for a variation of the order, and suspended it until January, in order to give him an opportunity to do so. Doris Cornwall Penniall proceeded on two claims tagainst John Roy Penniall- (her husband), and one against John Penni-all (father of the previous defendant), for -maintenance for herself and her son, aged three years, on the grounds of failure to maintain. Plaintiff was represented by Mr. A. Coleman (Stratford), while Mr. D. Clement appeared on -behalf of the defendants. After a long hearing the magistrate made an order against John Roy Penniaili for an amount of £1 10s per week, the claim -against the father-in-law being withdrawn.