MAGISTRATE’S COURT

Nelson Evening Mail, Volume LVI, 24 November 1924, Page 4

MAGISTRATE’S COURT

MONDAY," N f GV EMBER' 24, 1924

Mr T. E. Maunsell, S.M., was <Jii the Bench this morning.

CIVIL CASES Several civil cases called on were either ndjourited, confessed, or struck out.

LICENSING PROSECUTIONS

For being found on licensed premises after the legal closing hours, S. Ayling, of Waimea Street, labourer, was fined £1; W. Henman and H. G. Savage, a stoker, botli of whom had been * previously convicted were fined £2. Costs 7/- were imposed in each case. ixfoematiojTdismissed Reserved decision was given in the case Police v. L. Ruffell, charged with furiously riding a horse ori the Wakapuaka road. At the hearing witnesses called by the police could not definitely state the date on which the occurrence was alleged to have taken place. After reviewing the evidence and noting the above-mentioned point the Magistrate dismissed the case\ Senior-Sergeant Barrett asked that in the interests of the public the case be dismissed without prejudice, as he might be able to obtain some more verification as to the date. The Magistrate said that if defendant was guilty it was regrettable that he should escape liability; but he must have regard i to ' the well-established British principle of criminal law that a man could only be convicted once for an offence. He must thereforo refuse the request. , Mr C. R. Fell appeared.for defendant. ACHESON V. MITCHELL Tiic defended case R. J. Acheson v. N. Mitchell was mentioned by the Magistrate who stated that he had received lengthy written argument from plaintiff, and he would like to recall him. Plaintiff then went into the box. The Magistrate: Can you give me any idea how many transactions of 'this nature (referring to the money loaned to defendant) you arrange in a year?— * "YVhal* do you mean by transactions?" Loans in small sums like this.—-" Well, there might be two. This might be the only case." i Would you lend on loans like this as often as once a month? —"I never lend money on promissory notes." Do you lend money at over 10 per cent? —"On chattel security may be two or three a year." '' ; _ '■" Have you any notice outside your office to the effect that you have money to lend? —"Yes. I don't advertise-in the papers, but the others do." '- At the request of the Magistrate counsel for defendant promised to submit a reply in writing to plaintiff's argument. BITTEN BY A DOG Geo. Stewart, of Glenhope, > was charged with being the owner of a dog which rushed at one J. R. Lintofi. Mr Moynagh appeared for defendant. Linton gave evidence that he was passing down \Vashington road when the dog rushed at him, tearing his trousei-s and leaving teeth marks in his thigh. In answer tp counsel, witness denied that he had first kicked the dog. A little girl Josephine E. Pratt stated that she saw Linton kick at the dog as he passed. The dog did nothing to him before he kicked it. Mary E. Pratt (mother of the last witness) and defendant gave evidence to the effect that they had never known the dog to exhibit ferocious tendencies. The Magistrate said it was hardly likely that Linton would have kicked the dog without any cause and he must convict. ' Defendant must, consider the question of muzzling; the dog if; it was to be'kept near a road. A fine of 20/was imp^bsedj'cost's "197-. *•