ONEHUNGA R.M. COURT.

Auckland Star, Volume XXII, Issue 92, 22 April 1891, Page 5

ONEHUNGA R.M. COURT.

YESTERDAY.

(Before Mr Bishop, R.M., and Sir G. Maurice O'Rorke and Robert Hnll.J.P.'s.)

The Courb was crowded, and all Onehunga astir to hear the now famous case of the Waiaraka cemetery dispute, in which Adam Jones was sued by J. J. Austin, an exCouncillor of Onehunga, tor inberring a body In this new cemebery, bhe said cemebery being within a borough. Adam Jones, an undertaker, was charged with a breach of the Cemeteries Act, 1882, by interring a body in a place other bhan a cemetery on the 23rd March, 1891, at Onehunga.—Mr Cooper appeared for complainant, Mr Campbell for the defendant —Mr Cooper baaed his complaints on tho fact that the ground, although given to tho burgesses of Onehunga for use as a cemetery, was not so used for some years, and that an Act was passed some time afterwards prohibiting the use of any land within a borough (not then used as a cemebery) for bhe purposes of a cemetery, and this case was brought forward noo to punish bhe undertaker, bub to vindicato the law. — John Dickenson Jackson, in his evidence, said the present ground wa3 first used as a cemetery in 1890. There ia a burial ground at Onehunga belonging bo the Church of England, and another belonging to bhe Roman Catholic Church within the Borough of Onehunga. There was an attempt to bring in a Bill in the House of Representatives to legalise thiß piece of land, but the Bill did not pass.—Cross-examined by Mr Campbell: The English burial ground was ordered to be closed, and he himself signed the order that burials should not bo allowed within the enclosure known as bhe English cemebery. Bub afberwards thab order was rescinded, and burials allowed as before.— Rev. Mr Mulgan deposed : I conducted bhe service for the dead over bhe remains of one Mr Wreford, who was buried in the cometery now ia dispute.— Mr Joaos said he was an undertaker carrying on business ia Queen-streeb, Onehunga, and he had to attend to his duties as undertaker in bhe case of bhe labe Mr Wreford. He did nob take the body to the cemetery, nor did ho bury it. He simply madethe coffin and conducted bheinterment. —Mr Brown, Registrar of Deaths at Onehunga, produced the book signed by Mr Adam Jones, as undertaker in tho case of the burial of Mr Wreford.— Cross-examined by Mr Campbell: The endorsement was signed by Mr Jones, as agent for another, aud all information given by Mr Jones was given as undertaker, and in the second case as agent for another or as appointee for another.— William College said he was the grave, digger for the cemetery of Waiaraka, and he was engaged and paid by the Council of Onehunga. He received a warrant to bury the said body of Mr Wreford. He signed the warrant, as having interred the body, and gave the warrant so signed back to the Town Clerk. —Mr Campbell pleaded very strongly against the action of the complainant in putting Mr Adam Jones to the trouble and annoyance of a Court case, and urged that as undertaker he had only performed hisduties. —The Bench, after due consideration, dismissed the information with costs, as they considered Mr Jones was nob liable under the section referred to.

Police Offences Act, 1884.—John Rae was charged with driving his horse and dray upon a public path in Quoen-street, Onehunga, so as to obstruct persons using the same on April 9th, 1891.— Fine 5s and costs lis. John Bollard was charged with permitting a cow to be at large in Queenstreet.—Fine 5s and costs. Richard Webb was charged with permitting a cow to be a* targe in Queen-itreet on March 22nd.— Dismissed. George Goldaboro for permitting a cow ,to, be at. large in Queen-street on April 13th.—Fined 6* and costs 7b. John Patrick Quin, storekeeper, was charged with permitting one horse to be ab large in Qneen-»treet on the sth of April. — Fined 10s and costs, 13s. John Bray, for allowing his cow to be at large in Queenstreet.—Fine ss, costs 7s. William Whitney was charged with being away from his horse and spring-cars in Queen-street on March 28th, 1891.—Fined 5s and costs, lis. James McPike, permitting cattle to be at large in Queen-street on March 22nd. Fine as, and costs 7s.

Civil Case.—C. K. Jeffs v. Henry Bates. Judgment summons, £12 8s 2d. This case was withdrawn, as bhe defendant bad become a bankrupt.