MAGISTERIAL

Timaru Herald, Volume XIIC, Issue 14038, 22 October 1909, Page 7

MAGISTERIAL

TIMARU—THURSDAY, OCT. -.'l, 100' J. (Before Mr V. 0. Day, 5..M.) BREACH Of'" IM J O HIB JTI ON Alex. Crfrinidijct, a prohibited person, charged with having Ikch found 011 lii-ens&J premis.s. pleaded nut guilty. Constable Smith said that lie liad seen the accused enter the Empire Hctel, the tame morning as he was prohibited. In reply to a question by defendant, the constable said Jie was not ill the dive- of the hotel, but he saw the defendant ;;•> there. \ Defendant said that if the constable hat! not been 111 the hotel he could not have "found" iiim then- as the information said. "Seeiiit" and "finding" we're twu different things. His Worship said this |mji»it had been decided, and the fact that a prohibited person iiad been mtii i.o enter a hotel was taken as evidence of his having been found there. He would caution the defendant this time, and convict him. hut no line would he imposed unless lie came before the Court again. NiK BOROUGH BY-LAWS. 0. Hosev u .is fined .js, anil costs 7s for leaving liis iiones unattended in the street. Messrs Fibbes and Clyma, underground drainage contractors, were charged with having left their works improperly lighted in Cross Street, on the night of October 10th. Defendants did not appear. Constable;- Smith proved the charge, and a fine n't 5s eacii, with costs 4s each, j w-as' iiiipcsctl on each of the defendants. CASKS .ADJOURNED. Two cases, one against Andrew Hamilton, and one against Richard James Hobbs. were adiourned. A-■ UNIQUE i'-KO.SKCI'UON. " Richard Kvans, of Kaiapoi, was charged with having failed to. make proper export entries with the Customs, in respect of a shipment of 5148 sacks of oats, which he sent Home from Timaru in the s.s. Tongariro. Mr Hawley, Collector of Customs at Timaru, appeared to prosecute, and defendant was represented by -Mr M. J. Knubley. The charge was laid under section 183 of the Customs Law Act, 1908. Counsel entered a plea of guilty under extenuating circumstances. He explained that, Mr Evans was a shipper of grain ill a large way. He lived in | Kaiapoi and had agents here who attended to all his shipping business. In this case, however, the agent, who should have made the entries in ques tion, had been suddenly called away to Lvttclton, when the steamer was loading, and he had omitted to depute someone else to make the entries lor him. It was a pure oversight, and it was the first-tune that it liad occurred ; with any of Air Evans' shipments >1 gram, ri'here was no money saving to oe effected by not making the entries, whicii were required solely lor statistical purposes. Mr Hawley said the facts were as stated by Mr Knubley. Ou September 14th he wrote.to Mr rJvans, asking tuni to make the necessary eximrt eiurics, and receiving .110 reply, he had been instructed to prosecute. It was • necessary that the entries should be made, for statistical purposes, and Chambers of Commerce throughout the Dominion were particularly anxious that tliey should be kept. The Magistrate said there was 110 question ot fraud, and this being the 1 hrst case of the kind ho would eonv:et and order the defendant to pay costs, 9s. MAINTENANCE. , l'eter Krail (Mr Einslic; was char -ed with being' 43 weeks 111 arrears wi-i his payments for the maintenance of an illegitimate child. From the evidence, it appeared that after the order of the Court , had been made, the defendant had married, and liow had a wife and child to support. On' this account lie pleaded that he could "not keep up his payments for the illegitimate ciiild. His counsel argued further, that as the mother'of'the illegitimate - child (for whom' Mr Raymond appeared) had also got-.married since the issue of the order, her husband was responsible for tlie keep of the'cluld. born, out of wedlock, and of which the defendant was 'the father: . His" Worship held that if the defendant chose to take' upon himself additional responsibilities by getting u:.irrietl after the order of* the Court had been made, he must take the consequences. He would be sentenced one month's imprisonment, the order "to be suspended so long as he kept his future payments up.