MAGISTRATE'S COURT.

Temuka Leader, Issue 10052, 10 February 1927, Page 3

MAGISTRATE'S COURT.

TEMUKA. . I- (Before Mr Orr-Walker, S.M.) At the Temuka Magistrate's Court on Tuesday morning, the following cas.es came up for hearing:— WITHOUT A LIGHT. Henry John Hendy was charged with driving a horse and cart along King street without a light. There was no appearance of defendant, and Constable Kearney/ gave evidence of the offence. .The S.M.:' At what time?—At a! 30, your Worship. Sergeant Dwan: He's a first offender, sir.Defendant was convicted and fined 15s and costs 10s. DANGEROUS DRIVING. ~' Hillary'Ferris Browne was charged with driving a motor car along King < street in a dangerous manner. Defendant did not appear in Court. . f ■' Kearney deposed that at 4.30 p.m. on the 26t!h December, ■ he saw a car proceeding south along King street travelling at a very fast rate of speed. He estimated the speed : at 35 miles an hour, and the day was a Sunday. , . I Sergeant Dwan stated that defendant had written that he was the driver of the car, and admitted that "he was-travelling at 25 "miles an hourr It was a fairly good admission, as they generally got 10 to IS miles an hour. The S.iM.: Wihat was the state of the road? Constable Kearney: There had . been a good deal of traffic, but not at the time. Where was the danger, then?—-He crossed the intersection at the Post Office corner-. . At the same pace?—Yes, at the same Dace. There was not a crowd in the street?—No, your Worship. Defendant was convicted* and . fined £5 and costs 12s. • JUDGMENT SUMMONS, IA. R. Beck ■ (Mr F. J, Smith) y. Jack Rickus, amount of debt-£4 10s 4d. Jack Rickus, on oath, stated that on the 14th September judgment /was given against him for the amount stated'. He had not earned anything since then, only through whitebait. Mr Smith: How do you live?— Pension. What pension?—£7 lis 8d a month. The SjM.: Who do you keep?— My wife and two children. Mr Smith: Does your wife get a pension ?—No. Do you go harvesting?—Yes, if I can get-a job. I can't stand much of it. Shearing?—No. Turnip-hoeing Any agricultural employment?— No, not this year. I haven't done any work, only whitebait. How much do you make? —A pound a week sometimes —sometimes lees. ,How " much did you make altogether the season. Have you been mutton-birdiug?— -. Yes. This year?—iNo; last year. I went to Stewart Island. Why didn't you go this year?—Because I haven't got the train fare. ' The S.M.: I don't suppose plaintiff will advance the fare. Have you any property?—An acre. A. house? —No, no house. What is the value?— Twenty-five pounds. The Magistrate said he could not make an order. Wright Bros". (-Mr F. J. Smith)-v. Arnold Cross (Mr Mcßae), judgment debt £9 Bs. There was no appearance of 'Cross when the case ' was called. Mr .Mcßae said he had been -instructed to appear for the judgment debtor, and understood- he would be present at the Court. He had been instructed that judgment debtor-was not in a position to pay at present, but was assured that he was making every endeavour t'g get ahead of it. ' In reply to the Magistrate, Mr Smith said- he would be Avilling to wait for the case to be called later in the day. After the other cases had been dealt with, the case was again called and judgment debtor, on oath, stated that judgment. had. been given against him for £9 8s on the 14th September last. He had* a coal and wood yard and a carrying husiness in Timaru. He hadn't a statement - of his earnings with him,' as he didn't think it necessary. He could explain his position, and things just now'were very quiet in his line. The S.iM.: Do you say you could , not pay £9 Ss?— Wly lorry instalment is due this month. My profits are £4 per week, and the instalment due is £3O. I started business twelve months ago last May. I have a wife and "family of four children to support. I pay 32s a week rent for my house and £1 a week for the coal yards. Mr Smith: What debts have you paid, outside your household expenses?—l haven't paid any debts, only for wood and coal, and lorry expenses. The instalment is £3O, and-1 have got £7 together, but have got till the end of the month to get the balance. I have got £IOO on my books,' but can't get it in. I have had no more than £5 come in this month. The S.M.: When can you pay this £lO? —I really paid this account. Oh, that's a different story. We can't go into that now. Mr. Smith: It was a defended v -action. •

Mr Mcßae: What is your attitude towards the account?—l want to square it up. The summer months are lean months in my business. 1 depend' on May, June, July and August for the money to come in. I am prepared to pay part of it. The SjM.: Immediately?—Within a fortnight. I could pay £1 a month. How much do you owe on your lorry v—l have two more instalments to pay. I pay £3O every five months The payment"is due now, but I have got to the end of the month. The judgment debtor was ordered to" pay £9 8s before 31st March, in default 10 clays' imprisonment in tlie Timaru prison, the warrant to be suspended on payment of £2 per calendar month, the first payment to be made at the end of this month.