WINTON

Southland Times, Issue 23839, 9 June 1939, Page 5

WINTON

MAGISTRATE’S COURT (Before Mr R. C. Abernethy, S.M.) Judgment by default was given in the following civil claims: W. Nicol v. Frederick Carter for £4/4/-, costs 14/-, solicitor’s fee 15/6; T. A. Shearer v. A. Palmer for £l/18/5, costs £1; McCurdy and Sons v. P. Marchant for £l/16/-, costs 13/-. H. Earl proceeded against J. Gullick for £7/1/1, representing the balance of an account of £2l/19/-, of which there was a contra account of £l4/17/11. The defendant counter-claimed for £2/15/- and disputed the plaintiff’s account as being unreasonable. The plaintiff was represented by Mr G. C. Cruickshank and the defendant by Mr O. A. B. Smith. In evidence it was stated that the plaintiff was a painter and paperhanger and the account represented work done for the defendant. The contra account was for repairs to plaintiff’s car and also for a load of wood. Judgment was given for the plaintiff for £2/10/8, costs 10/- and solicitor’s fee 21/-, and as the counter claim had been adjusted by the judgment a nonsuit was entered on the counter claim for the defendant without costs. HOTEL MANAGER FINED Maxwell McGregor was charged with aiding and abetting in the commission of an offence. Constable Wood said that McGregor was the manager of the Winton Hotel and took charge when the licensee was absent. On the night in question a dance was being held at Winton. He saw the defendant early in the day and told him to be careful as he knew his instructions for dance nights. Early in the evening he saw McGregor in a car with some people. After the dance the car was still there and there was no one in it. He went round to the back of the hotel and found defendant coming out with a man and a woman. The two were charged last Court day. When spoken to the defendant had explained that as manager of the hotel he had a right to entertain guests. He had told defendant that the licensee was die only one who could entertain guests. “There is enough trouble on dance nights as it is,” continued Constable Wood, “and I make it a rule to see that no premises serve liquor on dance nights.” The defendant was represented by Mr O. A. B. Smith, who said that he was placed in an awkward position and had no other option than to plead guilty as a plea of guilty had been entered by the man and woman last Court day. The defendant had thought that he was entitled to entertain guests. The licensee was absent at the time. McGregor was convicted and fined 30/-, costs 10/-. TRAFFIC BREACH For overloading a motor-lorry, Gilbert Gatley, of Gatley and Lodge, carriers, Winton, was convicted and fined 20/-, and costs 10/-. The Transport Department’s traffic inspector (Mr J. C. C. Edwards) said he met defendant driving along the Hundred Line road with his vehicle laden with bags of lime. He weighed the vehicle which weighed 8 tons 14 cwt. The lorry was licensed for 6i tons. The defendant had estimated the load on the lorry by the number of bags and on his own admission was carrying half a ton overweight. The trouble was that the lime was not carefully weighed in the bags. The lime owners were generous with the lime, which told against lorry drivers. The defendant pleaded guilty to the charge and said that a certain number of bags of lime went to the ton and on that estimation he was carrying only half a ton overweight. The traffic inspector pointed out that defendant was actually committing more than one offence. The licence fee paid by the owner was £7/13/and the weight he was carrying was actually entitled to a fee of £l2/5/-. The maximum load which the lorry was entitled to carry entailed a fee of £B/10/-. ~ , The Magistrate said that drivers should take a warning by the case. It was a question of what the Government should get for the road being used without the proper licence fee

being paid. It was not fair that some should pay and others get off. The defendant said that since he had taken out a licence to carry an increased load.