MAGISTRATE'S COURT

Nelson Evening Mail, Volume LVI, 13 November 1922, Page 4

MAGISTRATE'S COURT

«4f HM> - - POLICE AND CIVIL BUSINESS

Mr T. E. Mauusell. S.M., 'presided at the sitting of the Magistrate's Court todav .

I CIVIL CASKS

Judgment by default for the lull amount claimed, with costs, was given in the following undefended civil cases: —Griffin and O'Brien (Mr Cheek) v. Yip Bor. £2l 7s 2d, costs £3 Is: G. llofrg (Mr W. C. Ifarlev) v. W. Grainier, £3 7s Id. eost.s £1 3s 6d : 0. Page and Sons (Mr Samuel) v. F. A. Faticheile. £l2, costs £2 14s: 11. M. For sler 'Mr W. C. Ilarlev) v. C. Maule. £2 7s 6d. costs £2 IBs 6d ; J. Warring (Mr Cheek) v. P. G. Hawkins, £1 2s 6d, costs Bs. M. Mcßride (Mr Hayes) v. W. F. Schwass, £lO 15s 3d, costs £2 14s.

DEFENCE DKPAUTAI ENT IMiONK

CUTfONS

H, A. Bang was ordered to ret tun certain to the value of £2 0s 3d, the property of the Defence Department.

For failing to attend drill G. J. Allan was convicted and fined fOs. 7s costs.

RESERVED DECISION

Reserved decision was given in the civil action E. E- Christian v. W. Perry, a claim for £4O under an agreement, to lease nine acres of land for one year. Mr Hayes, for defendant, had raised \ non-suit point on Ihe ground thai the claim should have been for rent and not for use and occupation, and that the claim could not bo amended. The Magistrate, in the course of his decision, held that the claim could lie amended ; and further argument was deferred until next Court day. Mr Cheek appeared for plaintiff.

iJCENSINO PROSECUTIONS

Thus. W. Inkslcr, iiccusee of the Foxliill Inn, was charged with selling liquor lo If. L. Tunnidii'f on Sunday, 15th October. Tunnicliff was .also charged with being found, on the licensed premises on the same date. Mr Thorp, appeared for both defendants, and it. was agreed to hear both eases together. Constable 'locker gave evidence as to visiting the premises on the day in ■question and finding Tiinnicliff standing outside, the counter with an empty glass Reside him and the licensee in the bar. ! Counsel for plaintiff said that Tnkster had a hop garden, and had asked Tiinnicliff to have a look at it as he (the licensee) hod not had mnch experience. Tiinnicliff had come along on the Sunday to have a look at the garden, and afterwards entered the hotel, when the licensee (who was cleaning the bar at the time) invited him to have a glass of beer. There had been no sale.

Tn reply to Senior-Se/geant Barrett, defendant Tnkster said that Tiinnicliff iiad given him some advice about the hops, and in consideration of this advice lie had asked him to have a glass of beer.

The Magistrate: Was he (Tiinnicliff) induced to do this work in anticipation of getting a drink.

Defendant: Not so far as T know. The Bench: A return of courtesy I suppose.

Counsel: If he had come along and had not talked about hops would yon have given him a drink. Witness: I might have done.

Senior-Sergeant Barrett was beginning to cross-examine witness again, when counsel asked the Bench if this "see saw" was going on all day? 'The Magistrate (to the Sergeant): You cannot have two runs for your money, you know. The tofalisator is closed now. (Laughter). The Magistrate said (hat Tnkster „had given his evidence in a perfectly frank" way. Tn the circumstances both informations'would be dismissed.

J. A. Ahlstrom pleaded not guilty to being found on licensed premises at 6.50 a.m. on Sunday, 29th October. Constable Hickey gave evidence as to the alleged affence.

The Sergeant: Did ho have the appearance of having had drink?—No. The Magistrate: There is no established rule as to the appearance of a man after lie has had one drink?—No.

Mr Thorp, for the defendant, who pleaded not guilty, stated that defendant had gone to see the licensee on a business matter; but on being told in the yard by the porter that lie was not about he left immediately. Evidence on these lines was given by defendant. ' / , The Magistrate: Do you ever develop a thirst before seven o'clock in the morning?—A cup of tea. » The information was dismissed.

ALLEGED BREACH OF ARMS ACT

11. Kirkman, of Foxhill, pleaded not guilty to two informations, viz., bringing an automatic pistol into New Zealand without a permit; and with being in possession of such without a permit. Mr Hayes., for defendant, stated that he had arrived New Zealand from England about six months ago. He was unaware that a. license was necessary in New Zealand, but as soon as he found out the law he took the pistol to be registered in order to comply with the Act. Had he not done* so the police would have been unaware of it. The pistol was a war souvenir, was broken, and defendant had a license to keep it issued by the English authorities. In the course of the hearing the, defendant said he did not notify the Customs on liia arrival in New Zealand, because the pistol had been in his possession since 1916. and that he had forgotten at the tjme that it was among his effects.

The Magistrate said that if the pistol was broken it might cease to be a pistol. He wis reluctant in the matter, in view of the evidence, but he would adjourn the case in order that expert evidence would be given as to whether it could be repaired.