S.M. COURT.

Manawatu Herald, Volume LIV, Issue 4407, 20 October 1934, Page 2

S.M. COURT.

MONTHLY SITTING. The monthly sifting of 1 the Foxton Magistrate's Gourl was held in the local Courthouse vesterdav, before Mr J. L. Stout, S.M. CIVIL CASES Judgment was given for plaintiff in the following civil undefended cases: — IT. T. Wallis (Mr AH B. Rergin) v. G. D. IT. Smith, claim £ll 10/-, cost's £2 IS/-; J. L. Anderson v. J. D. Howell, £lO, costs £1 12/(1. JUDGMENT SUMMONS. Pukki Bros., farmers, of Bangiotu appeared on the judgment summons of R. Bryant (Mr M. B. Bergin) in connection with a claim of £24 7/5, which counsel said was for meat delivered to defendants. Tom; Pukki, under examination, said he was a farmer, living at Rangiotu, Counsel: And cattle dealer, aren’t you?' —No.- Hardly that. 1 buy a little for other people just to help them. Judgment for this amount was obtained last February. The claim is for meat supplied hv the butcher. isn’t it? —Yes hut I only owe £2 10/-. Why didn’t you defend the summons then? —I didn’t know the case was on. The summons was at the Post Office and 1 didn’t get it in time.

Why didn’t you write and tell us later? —I should have done so. Arc von a married man? —No.

You say you receive nothing for buying for other people?—That is so. I buy for mv nephew mostly. Who is he? —W. IT. Moses junior. How old is lie? —T don’t know. Under ten years of age. Thou who is his trustee: TTis mother.

Where did your nephew get his money?—From his grand mother. Didn’t you buy some horses at (lie Levin horse fair the other day? —Yes, six for £2B. They were for my nephew and have not been resold.

Haven’t, you property at Glen Oroua? —Yes a reserve at Waitohi but it is all gorse and belongs to thirteen of us.

Do you graze stock on it? —No, but I sometimes use it as a night paddock when taking my nephew’s stock to the Eeilding sale. Witness said lie received no rents from other properties and about £l4 a year from thirty acres at Rangiotu over which his nephew held the grazing lights for the next four years. He did agood deal of droving work but the horses and dogs all belonged to his nephew. Hi* had been working for his nephew for about two years, ever since he went “broke.” Whenever lie wanted money for sales he procured it from the hoy’s mother and any cheques from sales went direct to her. A motor car was purchased last year hut that belonged to the nephew also. Counsel: In other words everything belongs to the hoy. For the past two years you have been living on his money. —In addition to a little rent.

How nuicli can you pay off this account? —Well, I wouldn’t like to fail altogether. T suppose I had better pay something but I already owe £-10 or .£SO for land tax and rates. You find the money for that and I will pay the account. Counsel: If you owe £4O or £SO in rales you must own a lot of land. —Oh no, the rates have been owing a. long time. How much have you made for the boy in the past twelve months? —That T couldn’t say. Rangi Pukki, a brother, was similarly examined and said that bis brother lived with witness and bis wife at Rangiotu. Witness's wife was paralysed and they lived on £1 a week pension. Aiost of the meat bill had been run up by witness. He had been engaged in dairy farming some seven or eight years ago and had then supplied plaintiff with pigs in lieu of meat. Then he changed over to market gardening and did no good. He suffered ill health and was not now working. He and his wife lived on the £1 a week pension lie drew. His brother purchased his own food. The S.AI. decided that each defendant should pay 10/- per month off the account and an order was made accordingly, costs being £1 11/6 in each case.

UN LIGHTED MOTOR CYCLES. In the Levin Magistrate's Court on Thursday, before Mr J. L. Stout, S.M., Inspector J. E. Ainsworth, of the Alain Highways Board, proceeded against Reginald Westwood for riding an unliglited motor cycle oil the Levin-Foxton road. Convicted and lined £l, with costs l()s and witnesses expenses 2s.

William AlacAlillan was charged that he did ride an unliglited motor cycle on the Levin-Foxton road on September 22nd, 1934, without displaying lights. Mr Adams, who appeared for defendant, pleaded guilty, pointing out. that defendant wa Cleric of .Scales at the Foxloii Races and be expected to get back to Devin before dark, but owing to the programme being an hour late he .was unable to do so. AlacAlillan was convicted and fined £l, with costs 12s and witnesses expenses 2s.

BREACHES OF BRAKE REGULATIONS. Inspector J. E. Ainsworth charged Robert St. Clair that on September 17th, 1934, at Levin, he did operate a car which was not equipped with brakes according to the requirements of the regulations.

Mr N. M. Thomson, appearing for defendant., who pleaded guilty, said that St. Clair, a taxi proprietor, had been arranging to have several repairs done to put the ear in good order. This was settled and the brakes were adjusted the verv next day.

The Inspector stated that on August Ist a. Dominion-wide brake testing campaign to bring brakes up to the Regulations was started. The testing had been loft- until September in this district. On September 17th, 1934, he had ordered the defendant to stop and his ear went 190 feet before it came to a stand still. St. Clair had said that there was no necessity to inspect the hand brake as it did not work at all. In February last the car’s brakes were in exactly the same state. The ear was used as a taxi and the Board viewed the matter as being' a serious one. Convicted and fined £1 with costs 10s and witness’ expenses 2s. Kenneth Parrant was charged that on September 17th, 1934. at Levin, he did drive a motor cycle not equipped with brakes to comply with the regulations and that he was not the holder of a driver's license. A fine of 10s with costs 10s and 2s witnesses’ expenses was imposed on the first charge and 5s with 10s costs and 2s witnesses’ expenses on the second.

John IV. Bishop was charged that he was the owner of a motor vehicle at Levin os September 20th, 1934, which did not have brakes to comply with the regulations. Mr N. M. Thomson appeared for defendant, who admitted the offence. Convicted and fined 10s, with costs 10s and 2s witnesses’ expenses.