MAGISTRATE’S COURT

New Zealand Times, Volume XLII, Issue 9632, 12 April 1917, Page 7

MAGISTRATE’S COURT

; MISCELLANEOUS POLICE CASES. , A TOOTH’S LAPSE. Mr W. G- Riddell, S.M., presided over a sitting of the Magistrate’s Court yesterday morning, when a youth named Harold Frederick William .Ward admitted stealing a quantity of lead valued at £1 12s, tho property of his employer, John P. Casey. Mr P. J. O’Regan, on accused’s behalf, stated that up to tho present ha had borne an excellent character, and that his employer was now prepared to keep him on in hia present occupation. In view of this, and on the understanding that his parents refunded the sum of £1 Is 4d, the cost of recovering the missing lead from tho secondhand-dealer it was disposed to, tho magistrate merely convicted accused, and ordered him to come up for sentence when called upon. . NO FRIENDS AND NO MONEYQuestioned by His Frederick Wilson, charged with being idle and disorderly, in that ho had insufficient means of support, said he had no friends. The magistrate advised him to try the Labour Bureau for work, and to give him opportunity for so doing convicted and ordered him to come up for sentence when called upon. As drink appeared to be Wilson’s trouble, a prohibition order was taken out against him. A DOMESTIC DISAGREEMENT. Philip George Kcszleh, charged with neglecting to pay maintenance in respect to his wife, was represented by Mr P. J. O’Regan, who stated that Keszler was now prepared to do his duty, hut that disagreement with his wife . was responsible for his appearance in court. His Worship gayo him a chance to carry out the undertaking of his solicitor,’ and convicted and ordered him to come np for sentence when called upon. MISCELLANEOUS OASES.

Jack Watson, who entered g city hotel a few days ago, and appropriated a hat belonging to William Bell, admitted the theft, of the same, and was fined 20s, of sfcven days’ gaol. A seaman named Mat Leppals, charged with from a vessel, was remanded for a time, and ordered to be placed aboard his ship. A prohibited person named Alexander Aspin was fined 40s, or seven days’ gaol, on a charge of breaking his prohibition order, and merely convicted for drunkenness. For ovbr-indulgence, Charles Alfred Anderson and William Conrick were each fined 10s, or twenty-four hours, and Sarah Goodwin fined 5s or twentyfour hours. Several first offenders were leniently dealt with.

LOWER HUTT COURT

CITIZEN VERSUS COUNCIL. The monthly sitting of the Lower Hutt Court was held yesterday. Mr L. G. Reid, S.M., presided, and Messrs J. Cod by and J. 'Wilkins were also on the Bench. . For offending against the borough by-laws by exceeding the speed limit when driving a motor-car W. B. Rose was convicted and fined 40s, costs 28s. Frank August was before the court on a charge of committing an act that was likely to cause a breach of the peace. Ellen J. P.ccsby. the informant in the case, leased rooms from the defendant. and the breach arose through August attempting to take possession. Mr E. P. Bunny, who represented the prosecution, gave the defendant an excellent character, and the Bench took this into consideration. August was convicted and ordered to pay costs 28s. POWERS OP A BOROUGH. Charles Aldous. a resident of Brunswick street, took action against the Hutt Borough Council for cutting a hawthorn hedge on his property and doing damage to his holding. Mr 0. Beere appeared for the plaintiff and Mr E. P. Bunny for the local authority. Mr Brera said that ths action was taken under section 190 of the Municipal Corporation Act. On-

Ald’ous’s property was a hawtohra hedge which was valued for its beauty and for the purpose of protecting one of the most picturesque gardens in Hutt from high- winds-' A notice had been served on Aldous Ho trim his bodge, and tho conditions of the notice were carried out. Later on men from the council slashed' the hedge back with slashers in an extraordinary manner in tho month of December, which was the wrong time, of the year » for cutting deciduous trees, ..A claim of £lO was made Tor the damage done. Charles Aldous, said that money did not really enter, into tho claim. Ha took an interest in nature. He was much annoyed about tho way his hedge had Keen hacked about, and its beauty practically destroyed. Tho hedge had been growing for about twenty years. Frederick Cate, gardener, stated that he had out tho hedge under instructions from the owner, and was surprised to find that the council workmen had slashed it- about. Afterwards the damage occasioned by indiscriminate cutting would take years to repair. T. Waugh, nurseryman, gave evidence to tho effect that the holes cut in, 'the hedge would take ten years to make good. -It had been cut in an unworkmanlike manner. In answer to Mr Bunny witness said that the hedge could not do any damage to the road through a shadow being thrown on it. Mr Bunny, for the defence, said that the case may not he of much importance to Aldous, hut was of considerable importance to borough councils. W. J. Roche (borough engineer) said' ho had made a calculation and found that the hedge in question, when the sun'was low in the'winter time, assuming the growth was twelve feet higli, would throw a shadow twentyfive feet in width- The wind was prevented from drying the road in wot weather, which was in a wot state, and the cause of complaint from ratopayers who used tho thoroughfare, Mr Beore stated that under the Act the council could destroy every hedge in Hutt. / After inspecting the property the magistrate in nonsuiting plaintiff said that a corporation was entitled to do the work in its own way. The hedge was anything but a first-class one, and the cutting it had received had not done damage to sustain the claim made. The defence was allowed £2 fSs expenses. In a counter-claim for £1 15s, being the cost of cutting the hedge judgment waj given, in favour of the coun- . cil for the full amount. OTHER- CIVIL CASES. Judgment was given by default fof Thomas Burt against George Henry , Crowe for £GO. with costs £S 12s.

In the following judgment summons cases Albert Neill- was' ortferdd-'ttf'Jj'oy Thomas Burt the sum of £.3 6s 9d-by June sth, in default to be imprisoned for three days; and Thomas Reesby was ordered to discharge a debt abounding to £l6 ICs to George G. Martin at the rate of 5s per week, the alternative being fixed fat seven days in gaol.