THE MAGISTRATE’S COURT

Taranaki Daily News, 16 February 1926, Page 8

THE MAGISTRATE’S COURT

LENGTHY civil list. SEQUEL TO CROSSING SMASH. The fortnightly sittings of the Stratford Magistrate's Court, held before Mr. A. M. Mowlem, S.M., to-day, were noteworthy for the fact that there were no police cases, while the civil list was unusually heavy. Arising out of a collision at the railway crossing to the north of Ngaere recently, the Railway Department (Mr. R. R. Tyrer) proceeded against S. Irwin Crookes (Mr. R. V. Kay) under section 13 of the Railways Amendment Act, 1913.

Mr. Tyrer explained that Crookes was, proceeding to Stratford at the time, and both the driver and fireman of the New Plymoiit.li-Wellington express saw . the car approaching. A warning whistle was given, and as the defendant failed to stop the fireman advised the driver. A collision occurred, and the car sustained severe damage. The cattle stop was also damaged, and the third carriage struck this. The damage had, however, been paid by the defendant to the department. Mr. Kay, for the defendant, entered a plea of guilty on each of the three charges, but in mitigation urged throe reasons. In the first place defendant was a stranger to the district; secondly,, he was in conversation with his sou at the time; and he had already paid the department for damage sustained. Furthermore, defendant had kept his head when he saw the train and swerved into the cattle stops at the last moment. Defendant’s own ear had been damaged and his sou had suffered minor injuries.

On .the charge of failing to keep a look-out, defendant was convicted and fined £2 and costs 7s; on the second charge of failing to stop he was fined £1 and costs 7s; while on the charge of attempting to cross the line when it was not clear he was fined 10s (exists 7s). In passing judgment the magistrate said he was astounded to hear defendant had met with an accident on a plain, straight road after being so used to motoring along Auckland streets. BREACHES OF BY-LAWS. For cycling along the footpath on the Opunake Road, the borough inspector (Mr. J. E. L. Jenkins) proceeded against Basil Wiggins. In his remarks His Worship said that the road was one of the best in New Zealand; yet defendant preferred the footpath. Defendant was convicted and fined 5s amt costs 7s,

Regarding- a charge against Charles Fincham, a service car driver, of exceeding the speed limit in the borough, the inspector (Mr, J. Jenkins) stated that at 6.15 p.m. on Wednesday, February 3, Constable Gill and witness were on Broadway South, timing motorists returning from the Hawera races. Fincham was travelling at about 27 miles an hour at the time. Defendant, who did not appear, was convicted and fined 20s (costs 7s). For a similar offence J. H. Webb, who said he was travelling at about 20 or 23 miles an hour at the time, was ordered to pay court costs amounting to Ils only. Emma May Crabtree sued Chas. Herbert Bridger for £57 15s, allegedly owing for 33 weeks’ board, at £1 15s per week. Defendant, while admitting that lie had made his headquarters at the hotel during the period from April to December, 1925, denied liability, asserting that he had an agreement with the then licensee, G. V. Peddie, who managed the hotel for the owner, that he was to receive lodgings provided he assisted at the bar when necessary. The magistrate held that the onus of proving the existence of such an agreement rested on defendant, and no evidence had been brought in support of his contention. Judgment was therefore given for plaintiff for the amount claimed, together with costs £b 13s. Tn the following cases judgment for plaintiff was given by default: A. A. Thompson v. J. C. Hill, 2s 2d (costs 8s); David Steven v. L. W. Catchpole, costs only £1 Is; same- v. Patrick Travers, balance of claim, 10s (costs 16s); Taranaki Traders’ Agency, Ltd. v. W. J. Ross, £l9 2s Cd (Costs £2 14s); same V. F. Walker, £8 9s. lOd (costs £1 Ils (>dj, same v. G. Bianchi, £l7 Us 3d (costs £2 14s); same v.- E- J. Carlyon. £8 3s 3d (costs £ 1.16 s (id); same v. W. Dempsey, £9 18s 5d (costs £1 10s fid). * -

F. Bagnall, on a judgment summons, proceeded against Stan. J. Suisted . for the sum of £9 4s fid. There was no appearance of the judgment debtor, who was ordered to pay the amount forthwith. in default ten days’ imprisonment, the warrant to be suspended for one month from the service of the order. A FARMER’S FAILURE. DEFICIENCY SHOWN -\S £2630. A meeting of creditors in the estate of Owen McPhillips, farmer, of Tariki, was held in the Stratford Courthouse to-day. The Deputy-Official Assignee (Mr. J. S. S. Medley) presided. Bankrupt’s statement showed that £2744 was owing to unsecured creditors, while the assets were £lO7 10s, leaving a deficiency of £2630 10s.

The unsecured creditors were as follow: Manaia Loan Co. £1944, Owen MoGlade, Hawera, £140; J. R. Corrigan, Hawera, £200; W. J. Pearson, Inaha, £l6O.

Mr. Medley explained that McPhiUips bad been adjudged a bankrupt, in October, 1925, and. the first meeting had been called for November 11 at New Plymouth, No creditors had attended, however, and bankrupt was not present. On November 16 bankrupt had attended at his office and advised that he had not received notice of the meeting.. He was then examined on oath, and since then tha Manaia Loan Company had asked that a further meeting be held. Bankrupt’s statement on his examination at New Plymouth was as, follows: i'T had an equity, after selling' the

Sc-uthwn Road (Manaia) farm, of £4BO. I paid off £270 overdraft at the Bank of New Zealand, Manaia. For four months, while doing nothing, it cost £lOO to keep myself and family. I also owed trade bills amounting to £5O. I am a married man with four children. My life is not insured. My wife has a farm of 106 acres near Stratford. There are mortgages of about £4O per acre on this property. She has m) other property. The reason I am bankrupt is through going as guarantor for Chamberlain and Street and being unable to meet the guarantee.” To Mr. Walkley bankrupt said he had no cattle when he left Manaia. His wife had taken up the farm in August, 1922, having leased the place for a year and then purchased it. The farm Was on the Maintain Road and was Buqji that it would take years to dispose of it. He had ppt no money into the farm and his wife would be prepared to hand it over to creditors if they would take over the mortgages. The, meeting ended without any resolution being passed.

CYCLE RACES. The results of the cycle races held by the Stratford Cycling Club this evening are as follow: Boys’ race.—-W, Caldwell (ser) I. O’Hagen (|min.) 2, Withers (Imin.) 3. The fastest time, 20min, 25sec., was made by Caldwell. Men’s race.—R. Platt (Jmin.) 1, R. Vickers (Jmin.) 2, W. Crofts (Jmin.) 3. Vickers (34min. 27see.) made the fastest time.

THE DEMONSTRATION FARM. PROFITABLE RESULTS. The average dairy farmer rightly demands that advice proffered to him for his benefit should rest on a basis of profitable production; He has to meet outgoings: for interest, living expenses, wages, rates, and general expenses of running a farm. Mere theory does not appeal io him. Indeed, he receives with doubt any proposal® which involve additional expenditure of money or work. He wants and must have his profit. One may just as well “play” for nothing as “work” for nothing. Speaking generally, there are some of the expenses of the farm which may be described as fixed. Chief among these is interest on ru.pit <il, eitli/r in Ute form of rental or

interest on mortgage. This can, of course, be reduced by reduction of mortgage, but even then such repayments I should yield interest. Then wages and rates have always to be provided for. These outgoings have to be met whether production be great or small, and thus all production beyond a certain figure becomes all profit provided, of course, that prices remain at the same figure. Increase of production must, therefore, improve the profits of the farm. On the demonstration farm efforts to increase production have been steadily made. The first season’s production of butter-fat was a little over 60001bs. This has been improved year by year. Last season the production was 17,3561b5. The cudrent season, up to the end of January, shows an increase of SOOlbs. compared wilh the corresponding period of last season. It is confidently anticipated that 18,000 lbs. will be exceeded by the end of this season. These results have been attained by improving the productivity of the land and by improving the herd. The farm committee was fortunate in buying a bull which produced good milkers, and every year a few good heifers were introduced. Although the original cows were a very mixed herd there is now a very distinct appearance of Jersey j Some of the old cows of nondescript I breed still produce good records, but they all show good milking typo. | Pigs, as a sideline, have been fairly profitable, the Tamworth breed having done very well.

The committee invite visitors to the farm on Thursday next, 18th instant, when they will be pleased to discuss farming problems for mutual benefit.