NAPIER MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume I, Issue 59, 20 February 1911, Page 5

NAPIER MAGISTRATE’S COURT.

(Before Mr. S. E. McCarthy, S.M.) DRUNKENNESS. At the Napier Magistrate’s Court this morning, before Mr. S. E. McCarthy, S.M., a first offender for drunkenness was convicted and fined 20/-, costs 5/-, in default seven days’ imprisonment with hard labour. He was also ordered to pay 7/6 medical expenses.

POLICE v. CHARLES ELLIS.

Charles Ellis, alias Brown, was charged with being drunk and also with being an idle and disorderly person. The case had been remanded from Hastings. Accused stated that if the Court extended its lenienc he had permanent employment to go to, Sergeant Cruiofcshank stated that cne accused had served an imprisonment of three months last year, add since that time had done nothing but loaf about and make himself a nuisance to the community.

The accused denied this, and said that he had been working up country and came into Hastings for a week, and during that time he had ■*. employment. The Setgeant stated that this consisted in going from one hotel to another.

His Worship convicted and discharged him on the first count of drunkenness, but on the second charge, that of being an idle and disorderly person, he was convicted and sentenced to three months’ imprisonment with hard labour. POLICE v. RICHARD EDWARDS

Richard Edwards, on the information of the police, was charged with stealing a gold chain, valued at £4, and several other articles, from Jessie Edwards.

Mr. Dolan appeared for the defendant, and asked his Worship to extend to him the leniency of the Court. The accused had already made arrangements for leaving the Dominion, and in a month at the most he would be on his way to England. He suggested that the accused be convicted and ordered to come up for sentence when called upon. His Worship adopted this course, and after giving the accused some good advice, discharged him. POLICE v. STEPHESF-MORGAN. On the information of the Constable stationed at Port Ahuriri, Stephen Morgan was charged with on the 10th of January driving a cart along the Petane road at 10.45 p.m. without efficient lights. The accused, who did not appear, wan convicted and ordered to pay 30/and costs, in default a week’s imprisonment with hard labour. MAINTENANCE CASE. John O’Brien brought an action against his son, Michael Joseph O’Brien, for failing to provide a relative, to wit, his father, with adequate maintenance. John O’Brien deposed that he was a grave-digger, and had four sons, three of whom were living at home. One, aged 27, paying £1 per week for board, another aged 17, and another aged 15 both paying 15/- per week. His other son was an unmarried man, 24 years of. age, and when he left home was earning £l4 per month. Witness stated that he had no property of any kind, and was unable to work.

The son was ordered to j»ay 7/6 per week towards his father’s maintenance, commencing on the Ist of March. ALLEGED BREACH OF SAWMILLERS’ AWARD. Mr. Gohns, Inspector of Factories, brought a case against S. W. Peddle, sawmiller, for failing to keep an overtime and wages book. Mr. Gohns stated that in December of last year he visited the accused’s premises and found that proper books were not being kept. Later on he wrote to Peadle about the same thing. On 7th February he again visited the place, and found no overtime and wages book, in spite of the fact that he had several men working ±n the yard to whom the award applied.

The accused was convicted and fined 45/-, with costs, in default 14 days’ imprisonment with hard labour.

BANKRUPTCY.

THE ECKFORD AND FAGAN

EXAMINATION. BANKRUPTS COMMITTED FOR TRIAL.

As a result of the recent public examination, the Deputy Official Assignee brought a case against Eckford and Fagan, for failing to keep proper books of accounts. Mr. Comford appeared for the informant. The/action was Drought under section 138, section D, of the Bankruptcy Act of 1908, which states that .three years prior to a bankruptcy, the books must be in such

order that the financial position can be clearly made out. He submitted feat this was not so. During the period between 1909 and 1910, during which the accused had been doing business as butchers in Market street and Hastings street, proper books had not been kept.

Mr. Cornford stated that he

would put in formally the record of the examination as signed by the bankrupts. He would call the Deputy Official Assignee, who would state that the books he had received were such that it was impossible to understand the bankrupt's financial position. Mr. John William Findlay, a certificated accountant, would also show that the books were not-in compliance with the Act. Mr. Cornford drew attention to the fact that it had been

stated in the public examination that the books had not been properly kept. No ledgers other than the one produced were kept. K. N. Brown, D.0.A., Napier,

said the bankrupts had handed to

him three books, a ledger, a small * memorandum book, and a bankbook. He was unable from the books supplied, to ascertain the position of the bankrupts, at any time during their business transactions. John W. Findlay, accountant, said he had inspected the books of bankrupts. The books did not contain a record sufficient to show their financial position at any time during the last two years. The books did not contain the business transactions of the firm. He should say the small memo book was not made up every day. It had been written upon a few occasions, between March and December, 1910.

This closed the examination and the accused were formally charged, pleaded not guilty, and reserved their defence. Acused were committed to the Supreme Court for trial and admitted to bail on their own recognisances. Mr. Dolan appeared for Fagan and Mr. Marling for Eckford.