MAGISTRATE’S COURT

Manawatu Standard, Volume LV, Issue 88, 12 March 1935, Page 4

MAGISTRATE’S COURT

BY-LAAV CASES. Mr J. L. Stout, S.M., presided over the sitting of the Magistrate's Court at Palmerston North yesterday. Arthur Montague Ongley pleaded guilty to a charge of leaving a car parked within six feet of a fire plug. ‘‘l was not the driver, but I do the paying,” said Mr Ongley, who added that the water channels had been flooded and the cycle stand which usually marked the point washed away. Commenting that the flood could be classified as ail act of God, the Magistrate entered a conviction and ordered the payment of 3s costs. Albert Pellow was charged that, on January 27, on the Palmerston NortliFoxton Road, lie did pass or attempt to pass two. vehicles travelling in opposite directions. Sergeant Culloty said defendant had struck the mudguard of one vehicle. Mr A. M. Ongley, who appeared for defendant, said the latter had been driving slowly behind a lorry doing about 18 miles an hour. Two cars overtook him and passed it. He drew out to* do the same, but met another vehicle, liis view of which had been obscured, coming from the opposite direction. Defendant was fined £l, with 16s costs.

LICENSING ACT. John McElhone, a porter at the Carlton Hotel, was charged with supplying intoxicateiy liquor, beer and stout, to John Henry O'Neil after hours on February 24, and John Lowbridge Bennett, the licensee, wa» charged with selling | liquor alter hours. Mr Ongley appearjed for both defendants and entered I pleas of guilty. Sergeant Culloty ; stated that O’Neil was seen leaving the ; hotel at 0.15 a.in. with three bottles of j beer and two of stout. AVlicn questions j were asked, the licensee said he was [not aware that the man had-been on j the premises. Counsel stated that the j man had been supplied by the night i porter, who had the keys of the bar for cleaning purposes, but was not authorised to sell liquor. Both defendants were fined £5. with 10s costs. Ernest Arnold Lowe and Morris Garvey, both of Hastings, were fined £2, with 10s costs, on a charge of being found on the licensed premises of the Cafe De Paris Hotel after tours on February 10. Sergeant Culloty stated that defendants were two of a party of five from Hastings who allegedly called at the hotel at 3.45 a.m. when travelling through Palmerston North. Three others were remanded to appear before the Juvenile Court at Hastings. Sarah Theresa Murphy, licensee of the Cafe De Paris Hotel, was charged with supplying liquor after hours on February 10. Defendant, for whom Mr A. M. Ongley appeared, pleaded not guilty. Douglas Robertson, a hairdresser’s assistant, of Hastings, gave evidence that the party had gone into the hotel and had had drinks. The man who supplied them with drinks also supplied them with bottles of beer. | Constable Turvey said in evidence that he saw five young men leaving the hotel early in the morning, about 25 minutes to four. He questioned them and the next night secured a statement from Mrs Murphy in which she said three of the .voung men rushed into the bar when she was there getting a drink for a woman lodger who : was ill. They were not served with | liquor. She did not serve them. Mr j Ongley submitted that the charge, as laid, should be against the person who supplied the liquor and all the evidence was that Mrs Murphy did not supply it. He. considered that the charge should be dismissed. The charge was dismissed by the Magistrate. REGISTRY OFFICES ACT. On the information of Mr AY. IT. Cadwallader, Inspector of Factories, Alary Ellen Batty, of the Manawatu Labour Agency, appeared on eight charges that, being a license holder within the meaning of the Servants Registry Offices Act, 1908, she did directly or indirectly demand or receive from persons greater or other fees than those specified in the scale prescribed and bv Order-in-Couneil gazetted. Mr G. C. Petersen appeared for defendant, and entered a plea of guilty.' Air Cawallader said that the investigations resulting in the informations were the consequence of complaints made concerning defendant’s methods of conducting her registry office. Perusal of her records of charges showed that overcharges of Is to Is 6d had been made oil workers in the cases charged. Air J. L. Stout, S.M. : Has she overcharged the employers?—A'os, in some cases, and in others she has undercharged them.

Air Cadwallader added that when a. representative of the Labour Department called on defendant, she was loath 'to show her books, refusing at first, and giving a great deal of trouble. Since then complaints had been made by other workers, and ho understood that some were to be the subject of civil actions. Defendant had stated i that she was not aware that she was I overcjiarguAg, but she .must have known, as a scalo of fees was issued when each license was given or renewed.

Counsel for defendant said she had taken over the business from another license holder seven or eight years ago, and had carried on her predecessor’s scale of charges until recently, having hitherto possessed no scale. She had overcharged, through ignorance, in some cases, and in others she had not charged at all. Commenting that more than three convictions in three years meant the cancellation of the license, the Alagistrate fined defendant 10s, with 10s costs on each charge. He ordered defendant’s license to be handed jn for endorsement. and then to the inspector, adding that the case would serve as a warning to others.