MAGISTRATE’S COURT.

Taranaki Daily News, 29 June 1923, Page 2

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. POLICE PROSECUTIONS. The usual weekly sitting of the Magistrate’s Court at New Plymouth was held yesterday, Mr. A. M. Mowlem, S.M.. being on the bench. A first offending inebriate was convicted and discharged! Margaret Lamb, charged with being an idle and disorderly person, was further remanded to appear at Stratford on July 2. Jack Turner and James Robert de Lyall, arrested on a charge of having stolen a bicycle at Inglewood, were remanded until next Thursday. BREACHES OF BY LAWS. For riding without lights and also for not having a bell or horn attached to their bicycles, William Reed and Joshua Taylor were each fined 10/-, with costs 7/-, on the first charge, and were convicted and ordered to pay costs 7/- on the second. For allowing stock to wander on the county roads, Leonard Rundle and Isabella P'oletti were each fined £l, with costs 17/-. Charles Sprosen and Michael Cain, junior, were each fined £2, with costs 7/-, for herding 110 cows on the roads at Brixton. PEA RIFLE CONFISCATED. Albert Busby was convisted and fined £1 with costs 7/- for delivering possession of a pea-rifle to a person not entitled to receive a firearm by notice of a permit under the Arms Act. An order was also made confiscating the weapon. CIVIL CASES.

Judgment by default was given for plaintiffs for the amounts stated in the following undefended cases: H. D. Moss and Son v. Frederick Jenkins, £l2 4s 16d, costs £3 5s 6d; Jahn Revell v. Edward Revell £l2 costs £2 16s; William Revell v. Edward Revell, £53, costs £4 13s 6d; Harry John Snelling v. M. Dennison Brown, £7 6s, costs £1 15s 6d; Richard Kendrick v. M. Dennison Brown, £6 10s, costs £1 15s 6d; Standard Insurance Company Ltd. v. Walter Drinkwater, £3 17s 4d, costs £1 12s fid; Duncan and Davies Ltd. v. H. W. Dalton, £lB 8s 3d, costs £2 ,14s. JUDGMENT -SUMMONSES. On a judgment summons, Walter Bailey Stock was ordered to pay 7/6 per Week to the clerk of the court at New Plymouth in payment of a debt of £66 15s 6d owing to Mrs. G. Rose, Palmerston North. Costs were allowed at £2 2s.

Arthur Blane was ordered to pay George Stewart the sum of £5 13s 6d forthwith, in default seven days’ imprisonment, the warrant to be suspended for seven days after service of the order. HOTEL WORKERS’ AWARD.

Six informations claiming £lO on each as a penalty were brought by. the Inspector of Awards (Mr. . Mountjoy) against Arthur E. Ilqrne, licensee of the White Hart Hotel for breaches of the hotel workers’ award. The defendent pleaded guilty. The breaches were in respect of the payment of lodging allowance to some of his employees while they were on holiday. The magistrate considered that the breaches were purely technical, and as the allowances had been paid after the defendant s attention was drawn to the matter, judgment for 10/- only on each complaint would be given. Judgment for 10/- was given against Walter Graham, licensee of the Criterion Hotel, in a claim brought by Mr. Mountjoy for a penalty of £lO for a breach of the same award. The breach concerned the weekly-holiday of the chef, rienry Eddie. Mr. C. H. Weston entered a plea of guilty on behalf of the defendant.

Mr. Mountjoy stated that the award provided that the chef was to get 24 clear hours off in every seven days. On several occasions Eddie had worked on his day off, the defendant paying him an extra £1 for the day. Inability to procure a relieving chef was the excuse given for employing Eddie on these particular days. He had, however, signed the holiday book as having had the days off. Mr. Weston stated that the circumstances were as. set out by_ Mr. Mountjoy. To’ a " layman it seemed strange that a man could not earn an extra £1 on his day off. He also mentioned that Eddie was paid nearly double the award rate of wages.

A penalty of 10/- was awarded. Eddie was then charged with a similar breach of the award arising but of the same set of circumstances, a penalty of £1 being claimed.

The Magistrate considered that the serious aspect of Eddie’s case was his signing of the holiday book when as a matter of fact he had not received the holidays. Judgment was given for the penalty claimed.

ALLEGED RECKLESS DRIVING. Arising out of a motor smash at the corner of Devon and Morley Streets on Sunday, April 29, the police brought a charge of reckless driving against John Albert Barker, for whom Mr. R. H. Quilliam appeared. Barker pleaded not guilty. The smash occurred shortly after noon. Giving evidence John Shepherd, of New Plymouth, said that he was driving a Ford car along Devon Street, and as he came to Morley Street he saw Barker in another machine | swinging out of lower Morley Street. I To avoid a collision, in which he ’ thought someone might be killed, Shep- • herd said he turned his car nearer to i his left-hand side, taking the verandah ■ posts of Hill’s grocery sore on the cor- I ner. En route he had also struck a | pillar box. He considered that Barker was travelling at about 30 miles an hour. Tie himself was travelling at about eight miles. John- Hallam, a resident on the corner, considered that both cars were travelling at about 30 miles an hour. Barker appeared to have better control of hf.s machine than Shepherd did of his. In the box, Barker, said that it would have been impossible for him to have attained the speed suggested from Young Street, where he had been stopped, tp Devon Street. His speed would be about 15 miles an hour at most. As for Shepherd’s estimate of his own speed at eight miles per hour, the pillar box would have stopped him if that i estimate was correct. Decision will be given this morning. .