MAGISTRATE’S COURT

Poverty Bay Herald, Volume LX, Issue 18266, 8 December 1933, Page 12

MAGISTRATE’S COURT

WAIROA SITTING (Humid Correspondent.) Before 'Mr E. L. Walton, EM., the following cases were disposed of at. the court sitting in Wairoa on Thursday:— F. 11. Port (Mr Sainsbury) was charged by the police (1) that on October 10 lie had driven a motor vehicle negligently; (2) that he failed to keep- to the loft; and (3) that lie permitted an obstruction on the vehicle. Counsel for defendant pleaded guilty to the first charge, and he asked that the other two be withdrawn, and this was done. Sergeant McGregor stated that the defendant came over the bridge with a lorry and desiring to turn to the west end of the parade he cut the corner on bis right. A boy was coming down the parade with a bicycle on the correct side and was run down, and received injuries which called for his removal to hospital, where lie spent 23 days, with severe bead injuries and injury to a high; the bicycle also was badly damaged. It was obvious that the defendant could not have seen the boy approaching, but he accepted all responsibility and had shown a generous spirit all through. Mr Sainsbury admitted the position, and said that the locality presented a kind of trap; also, there was a blind spot on the lorry. The accident had caused the defendant a good deal of distress. There was no question of speeding, and the costs of repairing damages were considerable. The lorry bad now been altered and there would be no further danger in that way. His Worship imposed a fine of £2, with costs 10s.

Jack Rini pleaded guilty to having ul Terapatiki on November 3 operated a truck which was not registered. Constable Tuck stated defendant had one old number plate on the vehicle. Defendant was fined £1 and costs 17s. G. B. Powell and A. G. Dawson were each charged with having sold a vehicle without notifying same. Pleas of guilty wove entered, Ibut the defendant Powell accepted all responsibility for the offence, which, he said, was a pure oversight. The police stated that Dawson had traded in an old car, which Powell at first, intended to scrap, but later sold for a small sum to Jack Rini, when it should not have gone on the road again. Mr G. de V. Robinson, who appeared for Powell, stated that his client had accepted all the responsibility. As a matter of fact, the old truck broke down straight away and Rini had been advised to push it over the ibank ai the first convenient spot. Dawson was in no way responsible. His Worship fined Powell £1 10s, and costs 10s, and convicted Dawson, and ordered him to pay costs only, 12s. Eruiti Winitana was charged (1) that on November 7 he used an unregistered truck; and (2) drove it without a license to drive. Defendant was fined on the first charge £1 and costs 17s, and on the other os, and costs 17s.

Mr F. A. Phelan, traffic inspector, proceeded against Pine Raihania for having on October 18 failed to insure his liability to pay damages in case of an accident. The inspector stated that on the Napier-Wairoa-Gisbornc highway the defendant was carrying 22 passengers, lie had a heavy traffic license, but admitted he had not insured the passengers, though he had a third-party risk. Defendant was fined £2, and costs 15s. L; J. Franklin was charged by Mr Phelan with passing another vehicle in Lock street at a speed contrary to the by-laws. Mr Robinson, for defendant, pleaded guilty. Defendant was fined 10s and costs 10s. Patrick Kelliher was charged that on November 2 he drove in a manner which might have been dangerous to the public at the end of the Wairoa bridge, and but for another car going out of its way there must have been an accident. lie was fined £2, and costs 12s.

James Henry Scott, charged that at Mohalca he ’procured liquor during the currency of a prohibition order, was fined £l, and costs 10s.

Two natives, Hiko and H. Hodges, were charged with having engaged in a fight on a potato patch on Ruatanaiwha road. Mr O’Malley appeared for Hiko and Hodges; iboth pleaded not guilty. After hearing the evidence, llis Worship said lie was satis-j fled there was a fight, and each would, bo fined £l, with costs, and he hound j each man over to keep the peace for, 12 months. A charge of trespass ■ against Iliko was laid but dismissed, j Plaintiffs secured judgments in the following civil cases:—V. E. Winter! and Son v. Thomas Dillon, £l7 4s 2d,! and costs £2 10s; R. S. Herbert v. Mani Wright, £1 15s 3d, and costs Ills; R. Phillips v. Ted To Amo, £4 Is Cd, and costs £1 12s Gd; Cullen and Cook v. Boy Chase, £B, and costs £1 8s Od; j Wairoa Hospital Board v. J. Dahm, £1 Tss, costs; Commissioner of Taxes v. ‘ Bernard Reed, £1 5s 9d, and costs £1 j <>s; same v. owner of town sections 110, 111, 112, £0 10s Od, and costs £2' 11s Gd; R. S. Herbert v. Walter j Beattie, £7 10s lid, and costs £2 11s. | The Wairoa Harbor Board (Messrs. > Sandeman and Chamberlain) sued O. G. Birrell, as representing the Ardkeen j settlers’ community shearing shod, for the sum of £lO 2s, rates alleged to be due on the property. Mr O’Malley appeared for the defendant. Having heard the evidence, His Worship said it was clear that the Crown should bo on the roll as owner. The defendant was not the occupier in the meaning of the Act, and to sue defendant in his representative capacity was not correct either. After further legal argument by Mr 'Bannister, His Worship again said the defendants did not occupy but used the shed at times. Mr Bannister said they had the exclusive rights, and to this His Worship replied ' that the committee was the agent of the Crown. His Worship gave judgment for the defendant, with costs £3 14s.