SOUTH OTAGO

Otago Daily Times, Issue 23895, 24 August 1939, Page 18

SOUTH OTAGO

BALCLUTHA Magistrate's Court The monthly sitting of the Balclutha Magistrate's Court was held yesterday, before Mr H. J. Dixon, S.M. Alleged Cruelty to Dog Robert William Mason was charged with, on August 8. unreasonably doing an act which caused unnecessary suffering to a dog, the property of A. E. Russell, by wounding it with a pea rifle. On a second information, the defendant was charged with discharging a .22 rifle within the borough, on the main highway in North Balclutha. to the danger of passers-by.— The defendant pleaded guilty to both charges. He stated that the dog had been annoying hens, and on this occasion he had fired the rifle merely to frighten it—The magistrate convicted and fined the defendant £2 on the first charge, with costs (10s), and on the second charge he was convicted and discharged. Civil List Judgment for the plaintiff by default was given in the following:—South Otago Hospital Board (Mr Macdonald) v. James A. Stewart (Milton), claim £SO, With costs (£4 5s 6d); Wilson Elliott, Ltd., v. Albert F. Allan (Wanaka), claim £ll Us 4d, with costs (£2 18s); D. M. Henderson v. E. Johnston, claim £l, with costs (10s); John H Stevenson. Ltd.. (Mr Macdonald) V Frederick Hocking Glover (Waiwera South), claim £33 19s, with costs (£4 5s 6d); Wilson Elliott, Ltd., v. Robert M Sullivan (Dunedin), claim £3 18s, with costs (£1 ss6d). Procedure Questioned Thomas Barr (Owaka) v. William J. Fahey, cjaim £39 8s on a judgment summons.—Mr Macdonald appeared for the judgment creditor and Mr Walter for the judgment debtor.—Mr Walter said the judgment creditor should take the case to the Supreme Court to recover the full amount; oi the debt, £BOO. He was using this court only for the purpose of getting a portion' of what was due to him.— His Worship said the Court of Review might be approached again. As to the judgment summons, that must stand.— Mr Walter said the farm had been sold and the debtor was on relief. It semed to counsel that this court was being used for a wrongful purpose.—The magistrate said he could do nothing but follow the order of procedure.—Mr Gngor, for the judgment creditor, said the court was concerned only with the judgment, which was Siven two years ago. He was perfectly satisfied that the debtor had sufficient means to pay this dent. Counsel said he thought he could prove that if the debtor were in the box. An order was made for payment of the amount due with costs, in default 40 days in Dunedin prison, the warrant to be suspended 'if the_ debtor made payment of £3 a month. Traffic Breaches

Halam Kallil, motor mechanic, Dunedin, was charged with on July 1 exceeding the speed limit m Clyde street, Balclutha, and was fined 30s, with Co Eric (l ßoUt (Invercargill), charged with exceeding the speed limit.in Clyde street on July 9. Was fined 20s, with CO John lo Cameron Ritchie (Clinton), charged with driving a motor truck without a drivers licence, was fined Tos, with costs (10s). one witness (3s) C T Turnbull (Dunedin), charged with exceeding the speed[limit tor.a heavy lorry on the Clinton-Kaihiku road, was ordered to pay costs (13s 6d) Leonard Rotting, charged with fading trv.eive way to traffic on ms. ngrix at the junlon of Gordon and ,Clyde streets on. August 9, was; fined 30s, *£{■*« a rar in Clyde street, Balclutha. onJuTy exceeding 30 miles an hour, was convicted and fined 10s, Watson (Gore) chS with driving a tractor without a motor-driver's licence, was fined ss, W David S Co ( ok S) (Awamangu), charged with failing to carry a of fitness for a trailer, was fined ss, without Co Archibald Charles Spittle (Gore) charged with exceeding the speed limit of 25 miles an hour for a heavy lorry at Waipahi on June 3CJ, was fined 30s, with costs (10s). A Defended Case Walter St. Omer Hormann (Anderson's Bay. Dunedin) was charged with, on May 21, exceeding 30 miles an hour with a Dodge car in the town district of Clinton. This case was partly heard on July 26, and had been adjourned for further evidence, the defendant pleading not guilty. After further evidence had been heard, the magistrate said that, owing to the expense the. defendant had. incurred, he would merely be convicted and ordered to pay the witnesses expenses, 255. Cattle Wandering William McLachlan (Clinton) was charged by the county ranger with permitting cattle (a cow and a calf) to wander on the main highway without proper guidance. The magistrate adiourned the case till next court day, when the defendant, he said, would need to appear in court and prove the statements he had made. Rugby Football There are onlv three matches in South Otago Rugby on Saturday, for which the following referees have been appointed:— First Grade.—Clutha v. Clinton, at Clinton (Mr B. Hansen); Toko v. Crescent, at Balclutha (Mr H. Jackman). Second Grade: Union v. Clinton, at Balclutha (Mr D. Inglis).