MAGISTRATE’S COURT

Lyttelton Times, Volume CXVIII, Issue 18570, 24 November 1920, Page 9

MAGISTRATE’S COURT

CHRISTCHURCH. Mr 8. E. M’Cnrthy, S.M., presided ut yesterday's sitting of the Magistrate’s Court. Henry Robert Charles Albert SmitheVs, twenty-seven years of age, pleaded guilty to a charge of indec'ont exposure in Oxford Terraco, stating that ho had been drinking heavily. Ho consented to be committed to the Roto Roa Inebriates’ Home for twelve months and on this understanding was convicted and ordered to com© up for sentoyco when called upon. Richard Davis appeared on charges of being on licensed premises while prohibited and procuring liquor during the currency of a prohibition order. He was lined £2, in default seven days’ imprisonment. Charles Frank Thomas,, whom the Magistrate described as “ obviously an habitual inebriate,” was committed to the Roto Roa Inebriates’ Homo for twelvo months for procuring liquor during the currency of a prohibition order. Mary «lo;yce was fined £5, in default one month’s imprisonment for procuring liquor while prohibited. In the case Cecil Albury William Shaw (Mr Thomas) v. the Police, application for cancellation of a maintenance order, tho application was refused, but tho order was varied, defendant being ordered to pny -Is weekly. Susan Gibson (Mr Wilding) proceeded against Thomas Gibson (Mr Thomas) to obtain a variation of a maintenance order. Defendant was ordered to pay Dos a week maintenance and 2s Gd a week off tho nrrears. For disobeying a maintenance order, John M’Caffery was sentenced to two months’ imprisonment, no warrant to issue until applied for. Mr Amodeti appeared for the complainant. A sentence of two months’ imprisonment was imposed on Ernest John Braid for disobeying a maintenance order, no warrant to issue until applied for. Defendant was further ordered to find security by bond, to the satisfaction of a stipendiary magistrate, with two sureties m the sum of £IOO each, or one of £2OO, in default six months’ imprisonment. Mr Thomas appeared for complainant. Charles Isaacs (Mr Tracy) was sentenced to one month’s imprisonment foi disobeying a maintenance order, no warrant to issue til! applied for. Mr Cuniugham appeared for (ho complainant. ... John Musson, for disobeying a maintenance order, was sentenced to three months’ imprisonment. George Stewart Paterson, similarly vharged, was sentenced to one month’s imprisonment, no warrant to issue until applied for. Sarah Alice Dray (Mr Cnningham) was granted separation, maintenance, and guardianship orders ngainst Frederick Dray (Mr Gee), maintenance being fixed at" £2 5s a week _ Evelyn Clark, Robinson and Co., land agents, New Brighton, (Air Cuninghnm) proceeded against H. P. Tabley, (Mr White), cluiming £2O commission in respect of tho sale of a property owned by the defendant, at 92. Esplanade, New Brighton- Plaintiffs alleged that they held an authority from the defendant to sell his property. They introduced a client, aMr de Roo, to the defendant but no Ba le was effected at the time. “Subsequently, however, plaintiffs learned that defendant had sold his property to Mr de Roo. They therefore claimed _ £2O commission in terms of the authority to sell given them by the defendant, or in the alternative £2O for work done and services rendered in connection with the sale of the property. The defendant alleged that plaintiffs had no authority to sell, such authority having been revoked. After hearing the evidence tho Magistrate said it was clear that the authority to sell had been revoked and had not been re-instated in writing. Judgment would accordingly be entered for the defendant -with costs. LYTTELTON. Air W. T. Lester, J.P., presided at a sitting tho the Lyttleton Magistrate’s Court yesterday morning, ivhen David M’Laughlin was charged with using obscene language and was fined £2, in default fourteen days’ imprisonment. RANGIORA. Mr V. G. Day, S.M., presided at the Rangiora Magistrate’s Oo*art yesterday. For riding his bioyolo without a light, Frederick Hancox was fined 10s and costs 7s. R. Hutchinson, for having a cow at large, and W. C. Wilson, for having allowed a hors© to wander, were each fined 5s and costs 7s.

Charles A. Sexton (Mr Hepburn) wns charged with two breaches of his prohibition orrlor. Ho was fined 6s and costs for one offence, and convicted and discharged on the other. On a similar charge, but for the second offence. G. Mnrfitt was fitted 10s and costs. Mr F. W. Jackson applied for a rehearing of tho ease J. E. Keeper v. D. G. Hetherington, claim for the possession of n heifer, or its value, in which judgment was given for defendant; the ground for tho application boing that notv and important evidence was available. Mr K. M. Gresson opposed tlic application and it was refused by the Magistrate. L. Walls (Mr Hepburn) claimed £ls 12s from Albert Handy (Mr K. Kippenbergor) for cutting twenty-four cords of firewood. Twelve pounds was paid into Court. The Magistrate held that tho wood had not been cut according to tho contract, and gave judgment for the amount paid into Court, with 2os costs. In a judgment summons case tho Bank of New Zealand (Mr Hepburn) v. fs. D. Wilson, claim £2O 15s 9d. an order wns made for payment forthwith, in default three weeks’ imprisonment. Judgment by default was given in the Commissioner of Taxes v. Bernard Tully, claim £53 15s 3d, with costs £3 3s Tld, and W. D. Jolmston. (Air Hepbum) v. W. Armstrong, claim £8 12s 9d. with costs £1 6s 6d. KAIAPOI. At the Kainpoi Court yesterday, before Mr J. H. Blackwell, J.P., Alfred Holliday, charged with being found drunk while in charge of. a motor-car, was convicted and fined £3. GERALDINE. Mr E. D. Mosely, S.M., presided at a sitting of the Magistrate’s Court at Geraldine. R. Morrison was charged with keeping 2751bs of blasting powder other than in a proper magazine and without license. His Worship was nuked in addition to penalty to confiscate the powder. The defendant said he had been m business thirty ,or forty years and was absolutely ignorant, that a magazine or license was required for blasting powder, but when the Inspector' came both were nfc. oneo secured. The Magistrate said that in the present case lie did not propose to confiscate the powder. The Department was right in taking precautions but this case was not so serious as one he had dealt with recently. He would convict the defendant and fine him £s.' G. M’Gregor and J. Dickinson wero each charged with damaging property of tho Geraldine Domain Board by taking wood from the bush reserve. Mr Barklio appeared for the I)oma,n Board and said that many people had taken wood from the reserve but the Jofendants were the first persons found in tho act. He did not ask for a penalty as tho desire of the board was to give a warning and prevent wood boing taken. He pointed out that tho penilty was £2O. Air Campboll. for the defeneo, said it had been a common practice to take wood and Air Dickinsen .vas .collecting knots while his friend took some of the wood. There were two notices in the reserve, one not to light fires and the other not to destroy vegetation and tho defendants concluded there was no harm in taking a bit of lead worn! from a.fallen tree. His Worship said he had visited tho bush reserve mi it seemed to him that a good deal

of dead timber might be removed with advantage, but that was for tho locobody responsible. The penalty providec bv law showed that tho offence was regarded ns a grave one- In the presenl case he would only enter a convictior m.d order each defendant to pay 17b (k costs. Judgment for plaintiff was given in the case Commissioner of Taxes v. T Bonnard, claim £6 3s 2d. The MagisMate said that he had no power to boat an objection to assessment, the defendant haying failed to give notice- The only course was to petition Parliament if he felt aggrieved or lit might show reasons for his objection tc the Commissioner. Judgment by default was given in tho cases of Sherratl and Son v. Akermau Smith, claim £( Is Id; Commissioner of Taxes v. Jas Mulvihill. claim £5 2s; Commissioner oi Taxes v J. W. Hammond claim £lO 13s Barnet- and Butcher v. C. Dyer, clam £22. In the case of Hansen v. Cowen, claim £5, judgment was given for tin plaintiff.