TEMUKA

Timaru Herald, Volume CXXV, Issue 18614, 9 July 1930, Page 10

TEMUKA

MAGISTRATE’S COURT A sitting of the Magistrate's Court was held yesterday morning before Mr C. R. Orr-Walker, S.M. Civil Business. In a judgment summons case, S. Page was ordered to pay the Tem/ca Co-operative Dairy Company (Mr G. Walker), the sum of £lB 15s 7d, by instalments of £2 per month, first payment to be made on August Bth, in default 21 days’ imprisonment. No Light. For not having a light attached to a cart he was driving at night, in Vine Street, Cyril Johnson was fined £l, with costs 10s. Adjournment Granted. Ethel Kmg (Mr G. Walker) proceeded against Walter Mark King (Mr F. J. Smith) on a charge of failure to comply with the terms of a maintenance order made in respect of complainant and her two children. The arrears amounted to £9. Mr Smith asked for an adjournment till August 12, stating that defendant had now started work with the Public Works Department, and had agreed to pay the plaintiff half of his wages. The adjournment was granted.

Lorry on Footpath. Geoffrey Albert Mabury was charged that, being a person in charge of a motor-lorry he did cross the footpath at other than a properly constructed crossing. Defendant pleaded not guilty. Constable Hastie said that the defendant’s lorry had been backed across the footpath in front of the Temuka Hotel, up to the bar window. Witness read a statement stating that Mabury's reason for backing on to the footpath was because if he had not done so, his lorry would have protruded on to the road and have obstructed the traffic. Defendant stated that his lorry was at the . Court. If he desired he would prove to the Court that the wheels of his lorry were not on the footpath. Constable Hastie said the wheels would be about 18 inches on the footP a tff. Thomas Gunnion gava evidence to show that the lorry was obstructing traffic. He was positive the wheels were on the footpath. Giving evidence, defendant said he backed the lorry so that the back wheels were on the bridge leading from the footpath. Of this he was sure. There was room between the rear of the lorry and the hotel wall for him to work in. Witness stated also uiat at the time the lorry was stated fo be on the footpath, both Constable Hastie and Gunnion were about fifty yards away. The Magistrate remarked that if it was intenaed to back the lorry on to the footpath then the footpath should be covered with planks, as provided by the by-law. However, he could only go on the avid' ir ' n e, and would fine defendant 10s, with costa A Suit of Clothes. Charles Davidson (Mr G. Walker), proceeded against W. Manning on a claim for £2 14s 6d, being money allegedlv due for clothing supplied. Plaintiff stated that the money owing was for goods supplied on two different dates. The account had not been disputed, and he had supplied the goods personally. Defendant, a native, said that he had paid £5 down on a new suit, but all he got was the "pants.” He expected Davidson would have taken the money still owing out of the clothes still in his possession. The remainder of the suit would be no use to him now. Recalled, plaintiff, said that if Manning had paid the sum of £2 14s 6d which was owing, he would have received £3 10s (the remainder owing on the suit) as credit. The value of the trousers was £3.

After considerable discussion on the value of the various parts of a suit, the Magistrate ordered Manning to pay 14s 6d. He considered that if this were done, a bargain would be struck, with satisfaction to both sides.

“Seven Shillings Wasted.” The Mayor (Mr T E. Gunnion), appeared on a summons issued by Cornelius Francis Downes, reading as follows: "Having given the Town Clerk of the Temuka Borough Council thirty days' notice which is required under part 92. section 353 of the Municipal Corporation Act 1920. that it is my intention to apply to the Court for an order to compel the said Council to administer its by-laws, on the grouhds that non-inforcemer.t of the by-laws creates a nuisance which is forbiddn under Section 169 c.f the said Act, and I hereby request your Worship to make an order against the said Council to enforce its by-laws immediately, wit.i costs against the said Council.” Mr G. Walker appeared for Mr Gunnion. but intimated that he was not pleading at all, as the information was irregular. The Magistrate observed that he was afraid plaintiff had come to the wrong court. He (the Magistrate), had no power to order a Council to enforce its by-laws. Plaintiff: “What’s a man going to do? The Council is the governing body.” Plaintiff produced a large brown paper parcel, which, he said, contained brococli which had been been ruined on a recent night when cows had broken into his garden. He did not think he should have to sit up all night and watch his property. The Magistrate: "Is the sunposed to do that?”—“No, but their ranger is responsible.” The Magistrate: “Has the ranger to sii un then?” —“I don’t suppose so.” Further questioned, plaintiff said his

fence was good, but his gate might have been onen. The Magistrate: “You briber the owner of the cows along, and I'll punish him." Plaintiff: “What redress am I gomerr«+o The Mayor has a heap of rubbish —” The Magistrate stonped further argument He s-rid <hrt‘ plaintiff had waited po,, en shillings on bringing the information. "Apparently you have more money than the Council." he ad^d. Plaintiff said that he would have to

go somewhere else to state h4s case The Magistrate said that he could not give legal advice, but could givfriendlv advice. If it was in his powei he would give plaintiff redress. "I advise you to let the matter drop.' he added, “you’ve got on fairly well.” Decision Reserved. J. C. South (Mr G. Walker) proceeded against L. Pierce (Mr W. D Campbell), on a claim for £ll 13s Bd. being amount outstanding on an account for pressing sti^w. Giving evidence .plaintiff said that his account to Pierce had been £37 (<s 2d. and the claim represented the balance. He had pressed 821 bales at 10d per bale, and had charged for extra men employed. He had pressed from a “walloped’’ stack, v. ieh entailed extra men, and had charged as was usual in the district. To Mr Campbell, complainant said he had received a letter from Pierce, complaining of the charge, some weeks after he (plaintiff) had sent the account He had not seen Pierce for years. His driver (Alexander), had no authority to give any quote for prices, and had never done so. James Alexander, engine driver employed by South, said Pierce had told him (witness) he had some work to be done. Extra men were employed for the “walloped” straw. Pierce said he had not expected so many bales from the stack, and remarked it would be expensive. Pierce asked what the charge would be. Witness replied hat he did not know, but that it was extra for “walloped” straw. Witness had no authority from South to arrange prices. To Mr Campbell, witness said he had not mentioned any prices to anyone and would deny any such suggest--1 to Mr Walker witness said he l ad taken a “tally” ot the work done at Pierce's in a notebook (produced). Ernest Wright, said he also had a straw-pressing plant, and the charge made by South was the same as his. and was usual in the district. To Mr Campbell, witness said he had not quoted a price to Pierce until hr (Pierce • had shown him South's account. Witness told Pierce the price was usual in the district. To Mr Walker, witness said he had actually sued people on claims leader up from similar charges. Waller Watson gave corroborative evidence . ~ , _ Mr Campbell said the defence was that Pierce had gene to Alexander find asked for a p.U-e The driver did not know, but Pierce had said that if the price exceeded a certain sum <25.P er ton), he did not want it done. Pierce had asked Alexander to ask South to get in touch with him (Pierce). The next thing Pierce knew was that the plant was working on hie property , L. Pierce, defendant, said he ha a seen the driver. A Mr Cone was with witness at the time. Witness was no* going on with the work if the cost was more than 25s a ton. Alexander old him (witness) that South would <-ake what was not wanted. Witness, however, had kept the lot. Witness added that Wright had made an offer, more favourable, but could not do the work for over a week. To Mr Walker, witness said he had seen Wright later, ard Wright had said he was going to do all future work at a charge ~per ton. He had lived in the district for 25 years, and did not know where South lived. Witness cm. sidered South should have come to see him. James B. Core said that Pierce had told Alexander he did not want the work done if it was going to be mort than 25s per ton. Recalled. Wright stated that he had * ret charged bv the ton for three years. * There were only two presses in the district, sfind both charged the same.

Mr Campbell maintained that although South had not seen Pierce, he (South), had accepted Pierce's offer to Alexander, of not more than 25s per ton. bv doing the work. The Magistrate said that obviously the two parties should have come together io make an arrangement. He would consider the matter, and give judgment in Timaru. GENERAL NEWS The Temuka District High School has now been in existence for close on 60 years. It was .stated at last night’s meeting that the first committee meeting was held in the Royal Hotel, Temuka on June 15. 1870. BASKETBALL. The following teams will represent Temuka in a match against Geraldine at Geraldine, at 2.30 on Thursday:— A. Team.—P. Dwan. L. Ra.dford, E. McGarva, I. Foster, K. Lyon, R. Davis, Z. Poultney, W. Ives, J. Douglas. B. —J. McMeckin, Z. Dwan, E. Smith, M. Cameron. T. Goodman. M. Cross, I. Ives. M. Davis, K. Spillane; emergency, M. Clinch. (Cars leave Post Office at 1.45 sharp). HOCKEY. The following will represent Winchester v. Geraldine, at Winchester, at 3.15 on Thursday:—E. Townley, J. Aker. N. Aker, G. Aker, M. Patrick, P. South, M. De Renzy. K. Aker, A. Townley, R. Woodley, G. South. FRIENDLY FRIDAYS. The highest individual scores in the card tournament for the past nine nights are as follows: — Cribbage.—G. Pierce (Druids) 81. S. Higginbottom 80, W. Ross 79, R. Jamieson 79, J. Gourley 78. G. Pierce (Citizens) 78. C. Palmer 76. W. Frisby 75. D. Fitzgerald 75. J. Davis 73. Euchre—J. Spillane 67. P. Burke 65. M. Brosnahan 64, J. Brosnahan 63. D. South 61. W. Phillips 61. T. Brosnahan 60. J. Moulton 59, E. Sherbourne 57. D. Horgan 57. Each evening. 16 games were played in cribbage. and 12 in euchre, and the possible scores for the nine nights were 144 and 108 respectively. WAITOHI DANCE. A successful dance was held in the Waitolii Hail on June 27. Novelty dances and a waltzing competition proved of great interest. A Monte Carlo waltz was won by Miss Mclntosh and Mr T. Small, and a lucky spot was won by Miss Mclntosh and Mr H. cnapman. A we>i-iug competition was won by Miss Mclntosh and Mr T. Small. The judges were Mr and Mrs C. McAteer. Extras were played by Messrs K. Mclntosh. ,H, Thompson and R. Hoare. Mr A. Allfen was M.C. NOTES. Mr W. Lee, member of the Dairy Control Board will give an address in Chapman’s rooms on Thursday night. On Friday night. Mr Lee will speak at Clandeboye.