POLICE COURT.

Auckland Star, Volume XXXI, Issue 65, 17 March 1900, Page 5

POLICE COURT.

THIS DAY

(Before Mr H. W. Brabant, S.M.)

Drunkenness.—John Jas. Callanan was charged with, being guilty of disorderly uehaviour wmie tirunk in Queen street. Defendant was convicted ami discharged, aim a prohibition order was made against him to apply to the city, Kclen, Parnell, and .Nmnukuu, Two ether offenders, for drunkenness, Chas. Chase and Win. Dodds, were fined 5/ and costs, or in default 24 hours' imprisonment. A first offender was convicted and discharged.

A Treble Charge.—Peter Morgan pleaded g'ttilty to being drunk in Customs street, and was lined 5/, or in default 24 hours' imprisonment. Another charge, that he used indecent, language in Queen St. was dismissed. For soliciting alms, accused was sentenced to one months' imprisonment with hard labour.

Unlawful Excuse. —Christina Larsen, alias Clout, was charged with being found by night without lawful excuse on the premises of J. Outhwaite, in Carlton Core Road. She pleaded not guilty. The offence was proved, and she was sentenced to one month's imprisonment.

Deserter.—Alf. R.Coates admitted being- a deserter from H.M.S. Royalist. He was remanded until Tuesday next.

A Bicycle Case. —Judgment: His Worship gave judgment in a case brought by the police against Thos. Jas. Steele, charged with -riding a. bicycle on the footpath in Manukau Road, in the Borough of Parnell,which it is agreed is a breach of Section 139, Sub-section 2, of the Public Works Act, 1894, which exacts that every person who rides or drives any horse or vehicle on a footpath constructed for foot, passengers only shall be liable to a penalty not exceeding £."». For Ihe defence it was argued that (I) that the word road in Section 139 did not include a street within a. borough, and that the section was not intended to apply to such streets; (2) that the word vehicle did not include a bicycle; and (It) that the path in question had not been proved to have been constructed for foot passengers only. His Worship said ho had conic to the conclusion that the word road in Section 139 could not be held to include n street in a borough. He did not think any inconvenience could be caused by the decision, as most of the offences mentioned in Section IP.O were also made offences by tho Police Offences Act, and Borough Councils had full powers to make by-laws generally, and as was pointed out. snccially to T'ecuiaife Ihe use of bicycles in the sli'er'ts. Tho case would bo dismissed. Mr Ifanna appeared for defendant.