OTAUTAU

Southland Times, Issue 23377, 8 December 1937, Page 13

OTAUTAU

MAGISTRATE’S COURT (Before Mr W. H. Freeman, S.M.) Leonard McNicol Brosnan and William Shepherd Reid were charged with converting a bicycle to their own use. Constable Al C. White said this was an echo of a previous case in which defendants took two bicycles and rode away on them and only one of the machines was recovered. They were fined £1 each, costs 10/-.

Charles Thomas Patterson, charged with driving an unregistered car and with not having a driver’s licence, was convicted and fined £l, costs 10/-, on the first charge and 10/-, costs 10/-, on the second. Alfred Rudolph Poulson, the owner of the car, for permitting an unlicensed vehicle to be used on a public road, was convicted and fined £2 10/-, costs 12/-. Louis Parker Coombes pleaded guilty to being illegallv on licensed premises at Fairfax. He was convicted and fined £l, costs 12/-. For a similar offence at Wairio, William Halloran and James Connor were convicted and fined £1 each and costs.

G. W. Gardner, of Wairio, for whom Mr G. H. Hodges appeared, pleaded guilty to opening his premises for the sale of liquor, and also ~of exposing liquor for sale. Constable John White said he had visited the Commercial Hotel on November 28, and found the door from the passage to the bar open. Four young men were in the bar, but no liquor had been sold.

Counsel said the hotel was well conducted and this was defendant’s first appearance before the court. On the first charge a fine of £2 10/- and costs was imposed, and on the second a fine of £1 and costs 10/-. The ranger (Mr E. Duncan) proceeded against Edwin John Mackay, who pleaded guilty to fishing for trout without a licence. Mr Eustace Russell, who appeared for the Southland Acclimatization Society, said that on Sunday, October 10, defendant was out fishing with the usual gear. The ranger asked him if he had a licence. Defendant replied in the affirmative, but failed to produce it. In answer to the rangei’ he said he had got it at Wilson’s store, Ohai. Inquiries were instituted and it was found that he had not procured it, but did so on the following day. Defendant was convicted and fined £2 10/-, costs 12/- and solicitor’s fee £2 2/-.

A claim for £2l 11/11 was made by the Otautau River Board (Mr G. H. Hodges) against Bartholomew Dowling for arrears of rates. Mr Eustace Russell appeared for defendant. A claim for £6 for arreas of rates for the years 1933-34 was disallowed, as it was statute barred. Mi- Russell said the court had no jurisdiction over the case because the plaint did not comply with the statutory requirements. It was defective because the registered address of plaintiff had not been given. The statement of claim did not comply with the form of the Act as there was nothing to

show where the property was situated. Where a body was suing for recovery of rates particulars of the land should be shown on the summons. Assuming that plaintiff was entitled to judgment Mr Russell submitted that the board was not entitled to recover the solicitor’s fee. The jurisdiction of the whole case was gone because of the invalidity of the claim. The acting clerk of the River Board, Mr A. Fisher, said he had seen the statement of claim. The rates had been struck and demanded in proper form. Defendant had paid £6 off his rates some time ago, which had been taken off his arrears. Witness informed defendant that this amount was not sufficient to pay the balance, but he refused to pay any more, and said the ca j could be taken to court. Counsel for plaintiff admitted that the statement of claim was evidently out of order, and the Magistrate nonsuited plaintiff with costs £3 3/-.