MAGISTRATE S COURT.

Horowhenua Chronicle, 20 May 1933, Page 6

MAGISTRATE S COURT.

LEVIN SITTING*. ; The monthly sitting- of the Magistrate’s 'Court at Levin before Mr J. ( L. Stout, S.M., was held on Thursday. 'cycle STEUL'K Eli CM BE HILL). A bicycle of racing type, with both wheels , buckled, and which had been lying in the Courthouse for some time, was placed in the dock, where it could easily be seen; and charges were read against Edmund Loos, of (1) negligently driving a motor car at Manukau on March 18th, and (2) drivingon the same date when he was not .the holder of a driver’s license. The ease was called at the previous monthly sitting, but a letter was received from the defendant stating that he was unable to attend, owing to influenza. His request for an adjournment was then granted, with costs. Yesterday the defendant was again absent. \ His Worship did not see any reason why the ease should be adjourned for another month; and it was proceeded with. In presenting the police case, 'Constable Bagrie stated: that defendant had telegraphed pleading guilty. On the date in question, defendant was driving in the direction of Wellington, and, when overtaking Eeere, who was on the 'bicycle, collided with him, injuring him and smashing the cycle. Eric A. Beere, labourer, of Manakau, gave evidence, stating that he was cycling from Levin to Manakau, in company with Eangi Eansfield. Just after their crossing the Waikawa bridge, the car struck his machine from behind. He was on the correct side of the road. The impact rendered him unconscious; he was hit on the back of the head and neck and on the eye, and had his left arm twisted He was in hospital for a week. (Corroborative evidence was given by Eangi Eansfield, labourer, of Manakau. He stated that the car from behind tried to go between the bicycles and another car, which was coming from the opposite direction. The former went on and finished up in the cattlestop. The driver admitted that it was his'fault that the accident had happened. Tana Te Himi, labourer, of Kuku, stated that on March 18th he was driving a half-ton truck northwards towards Kuku, When he had driven over the railway crossing, he passed the two cyclists, who were on the correct side of the road. He saw the other car coming at a good pace. He> had left the cyclists about a chain behind, giving room for the other car to pass them. After the accident he went back and spoke to the driver, who said .that. it was not witness’s fault, but that he (defendant) had been travelling too fast. Witness had been on his correct side when going over the crossing.

His Worship said he did not 'think that the defendant intended coming to the Court.

For negligent driving, a fine of £5, with costs £3 9s 3d (including 15s 9d allowed previously), was iipposed. On the charge of having been without a driver’s license, defendant was fined 10s, with costs of a like amount. .CRASH AT HEATHERLEA. As the outcome of a collision which occurred between two cars on the Levin-Foxton Road on February 20th, James Frederick Cane was charged with negligent driving. He did not appear, but forwarded a plea of guilty. ... 'Constable Bagrie stated that, on the date named, defendant was driving from Levin to Foxton, and, when just around the Heatherlea corner, collided with another car. Cane was badly injured, and his car was smashed about. On measurements being taken, it was fiound that he had not allowed the other ear half the road, but only a width of Oft. 9in. The Constable believed 'that defendant had had no insurance on his car; and moreover, he was in hospital until quite recently. 'The penalty imposed was £2, with costs 16s.

UNLICENSED RADIO SET

Charged that on April €2nd he was in possession of an unlicensed radio set, Leonard S. Carmichael sent in a plea of guilty. In explaining the circumstances, Constable Bagrie stated that defendant had a wireless set for which he had neglected to take out a license since December 31st. Defendant should either dismantle the set or pay the license fee. His Worship, in imposing a fine of £l, with costs 10s, said that the offence was a continuing one, and if the defendant did not pay for a license he would be charged again. ASSAULT CASE ADJOURNED. I. N. Drake laid an information against A. C. Drake, alleging that the latter had assaulted him on May 14th at Manakau; and he applied to have the defendant b'ound over to keep the peace. Mr Adams, on behalf of Mr Leicester (for the defendant), asked for an adjournment for a month, to which the police objected as all the witnesses were present. , The Magistrate granted an adjournment till June 15th, with costs to the informant £1; and ordered that the defendant be bound over in his. own recognisance of £2O and one surety of the same amount to keep the peace until the hearing o.n that date. UNDEFENDED CIVIL CASES. Judgment was entered for the plaintiffs, for the amounts named, in the following undefended civil cases:— Atkins Bros., Ltd., v. ' W. Seymour, £5 6s 2d, costs £1 l'Bs 6d; W. Harwood v. N. Heremaia, £3 7s lOd, costs £1 8s fid; A. Dempsey v. S. Stilwell, Us 3d,

costs 11s; same v. Grace McDonald, £1 9s, costs Us. TENEMENT CLAIMS. On a claim by Elizabeth Macphcrson against Nelson Victor Batt for possession of a tenement and £lO 12s 7d, an order was made for possession on or before June Bth, and .judgment was given for the amount claimed, with costs £2 16s. A claim for possession only was made bv C. T. Wildsmith against C. A. Wclby. • .

Mr Adams, for defendant, stated that he had been working under the unemployment scheme since February, 1930, and he had a- wife and four children. Defendant J s average earnings, were 30s a week. Out of that he paid 10s a week to his landlord, this lacing the most that he could pay. The rent had slipped back six months. Counsel understood that 'the 10s a week that defendant had been paying was not sufficient to cover the outgoings on the property. At the same time, it was extremely difficult for him to obtain another house at present at a rental of less than £1 a week.

His Worship said he supposed that the plaintiff was entitled to an order; probably he was only a labourer. Mr I’homson, for plaintiff, said that the last he had heard of him was l that he was on relief work at Palmerston North. The* rent was £1 a week. The outgoings on the property were 16s 6d a week, in order to meet interest on the Government mortgage. For the last nine months the defendant was advised that, if he would pay 17s 6cl a week, he would; be allowed to do so. The property was near the centre of the town and would let readily. An order was made for possession on or before June Bth. JUDGMENT SUMMONSES.

The following order was made on a judgment summons:—B. L. Everton to pay W, Bull, Ltd., £l4 Os 2d at the rate! of £1 10s a month; in default, 14 days’ imprisonment. No order was mad© in the- case of S. H. Bevan and Co. v. H. Hamer, a debt of £6 Is. B, Bellott-i proceeded against N. J. Sorraghan on a judgment debt of £9 Os 6d, arising out of indemnities awarded in December. Under examination, defendant stated that he had not paid anything off the debt. Since that time his average return for himself from his cows had been about 30s a week. He had three dependents. It was his intention to make payments'" from the opening of the next dairying season. He had no intention of avoiding payment. The case was adjourned till October 19th. CLAIM FOR BURIAL EXPENSES.

With respect to a claim by J. Harvey against Henry John Mason for £2IS os for funeral expenses, Mr Thomson, appearing for defendant, applied for leave to issue a third-party notice against the> husband of the deceased, and asked that the case be adjourned in the meantime. Counsel quoted Lord Halsbury.’-s dictum that a husband is liable for the burial of his wife although she may have" been living apart from him against his will. The mai) who was being sued (counsel added) was the executor under the deceased’s will. He was a relief worker.

Mr Adams, counsel for plaintiff, said that the funeral had been ordered by Mason, The instructions for the funeral had been given by a brother of the deceased, but he had said that he was giving them on behalf of Mason, whoi.was tooi upset to attend to them. A promise to pay. the account was made by Mason to the plaintiff on Christmas Eve. Subsequently plaintiff was told to go to Mr Thomson’s office and uplift £l3 lOis, but this turned out to be on condition that Mason was to. be relieved of all responsibility and the balance was to be paid out of thei proceeds of the estate if and when realised.

Mr Thomson: Should not an adjournment be granted till the executor can take action by third-party process or otherwise? In the meantime I only ask that one month’s adjournment be granted. His Worship stated that the executor was primarily liable; for funeral expenses. There seemed to be no conflict except between the undertaker and the ' man who had given the instructions. Plaintiff was not seeking to recover the expenses against the husband. Mr Thomson: We admit the liability. All we ask is for it to be adjourned a little longer. His Worship stated that the ease would stand adjourned.