MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 840, 11 June 1910, Page 15

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) ' SAFEGUARDING* PUBLIC "This is rather a serious matter from the point of view of the drainage department," remarked the city solicitor, referring to the case of Tlios. Horning, who pleaded guilty; to having connected and laid' a branch drain without having obtained a permit to do so. Unless permits ware applied for in such cases, said Mr. O'yhea, the work would not be carried out under the supervision of the corporation, and public health might suffer in consequence. Mr. Hindmarsh, who appeared for defendant, said the job only occupied an hour, and had been done by defendant for his brother-in-law without payment. It was .not deliberate breach of the law.. • His Worship thought a smail fine would meet the case. Defendant would be fined 10s., and costs £1 10s; APPLES WITH. BLACKSPOT AND SCALE. A charge was preferred against Henry Grooby of having, between November, 1909, and May, 1910, exposed for sale apples infected with disease. Evidence was given by George Harnett, Inspector of Orchards,' that lie found during a tour of inspection nino cases of apples on offer for sale in a cortain auction room on April 27. The apples were infected with scab or blackspot and mussel scale. Witness condemned the fruit and traced it to defendant. A'fine of £3 and costs 7s. was imposed. , AN UNCERTIFICATED DWELLING. John Jas. Boyd pleaded not guilty to having a new building at Kilbirnie to bo used as a dwelling before it had been passed by the City Building Inspector as being fit for habitation. Mr. O'Shea, City Solicitor, said the building had boon erected in the first place without a permit, and it was now being used as a dwelling contrary to Section 242 of the Citv Bv-laws. Mr. D. M. Eindlay, for -defendant, urged that the street -in which the building had been erected—Onepu lioad, Kilbirnie —had not at the time of the erection boon taken over by the City Council, and that in the circumstance's defendant did not come under the section of the by-laws quoted. No now dwelling had been erected for residential purposes. If the building was erected for one purpose and was converted to another the by-law did not apply.- Counsel also'submitted that the by-law was unreasonable and the complaint trivial. Mr. Findlay urged further that the prosecution savoured of vindictiveness. The City Council had already secured one conviction and a nominal penalty against defendant in this connection, and they had ample powers without taking this course. Mr. O'Shea said these steps were being taken as a preliminary to applying to the Supreme Court for an injunction to prevent the building being occupied. If a conviction was not entered ho could not apply for the injunction, and the roßult would bo that a milder could *un un nay building ho

liticd. This would load- to Uio absolute dethronement of municipal control. ' Mr. Findlay contended that the council could apply to the Supreme Court for an injunction without the present proceedings. His Worship reserved his decision. A FREDERICK STREET ASSAULT. "1 think the evidence is clearly ni.ainst defendant. He must be "convicted- and fined 40s, and costs £2 25., in default 14 days' imprisonment," said his Worship after hearing details of a case in which Mary Amelia Taunt (Mr. O'Leary) proceeded against Chas. Taunt, fireman (Mr. P. W. Jackson), on a charge of having assaulted her on Juno 3. Evidence, was called to show that about 12 months ago the parties separated by consent, and' an order was made accordingly by tho.court. On June 3, defendant went to the house in Frederick Street, where his wife yas living, and assaulted her by kicking her violently in the thigh. Defendant, denied having assaulted his wife, but admitted having struck a third party (a man) who, it was alleged was tl'ie cause of the dissension between the parties. OPEN AFTER HOURS. A. Dimdorc. did not appear when a charge was read against him of having failed' to closo his shop 1 at 9 p.m. on May 24. A fine of 405., and costs 7s. was entered. Defendant appeared in court later, and made an explanation through Mr. D. M. Finlay, who stated that defendant had arrived a little late, and was anxious to put his side of the case if a re-hearing could be arranged. His Worship said the Labour Department inspector must be given notice that tho application was going to bo made. WANDERING STOCK. "The Wadestown people, among others, complained very bitterly of the damage done by wandering stock'|.'" said Inspector Doyle, when a number of charges of this description werii being heard. The Inspector also remarked that damage was being done to reserves and other property at Island Bay. Fines were entered as under for allowing stock to wander:—Thos. Hitchcox, John Hall, and Joseph Moore, 205., and costs Vs. each; Victor Hughes, Frederick Witton, Henry Antrolms, Robt. Clapp, Henry J. Clements, Marv Dalziol, Leonard Dixon, Walter Had'ley, Chas. Hedges, George Nash, and Wm. Naughton, lCs., and costs 7s. each; Alice Wickman was i fined 55., and costs 7s. on a first charge and was ordered .to pay costs 7s. on a second information; Mary Fceley was fined 55., and costs 7s. PEDESTRIANS IN KILBIRNIE TUNNEL. A chargo of. having walked through the Kilbirnio tramway tunnel on April 17, without the consent of the City Council, was preferred against George Boyd, Thos. Atkinson, Wm. H. Brightwe'll, Ritchard Taylor, and Wm. Young. _, The city solicitor said the City Council had instructed him .to merely ask for the infliction of a fine and court costs. His Worship, in entering a conviction and order to pay Court costs, is. in each case, said that if people ehoso to walk through the tunnel without gettin" permission they must pay tho penalty. OTHER CASES. Wm. Tremain, expressman, pleaded gniltv to a charge of having used_ obscene language on the Thorndoh Mailway Station on May 20. Mr. Herdman, who appeared for defendant, remarked that Tremain was a young man of ejioU character and had never been belorc Court on'such a' charge before. His Worship entered a conviction and fine of £3 and costs £1 7s. For riding a bicycle after sunset without a light'Hcginnlfl Fear was convicted and ordered to' pay Court costs, 7s. Lawrence Hanratty was convicted and discharged for insobriety and on a chargo of procuring liquor during the currency of a prohibition order, Ho was convicted and fined 40s'., in default seven davs' imprisonment. Louisa'Maitlahd appeared on remand on a chargo of having been found in a state- of helpless drunkenness. Defendant was ordered to pay medical t.xpcnscs incurred, 17s. 6d. She also consented to the issue of a prohibition order. One first' offender was fined 10s., and another was remanded for medical treatment ns ho was not in a fit state to appear. MOUNT COOK. At the Mount Cook Police Court yesterday, before Mr. T. S. Lambert, M.P., Ellen Anderson, for insobriety in Tory Street, was fined . 105.,, or 48 hours' incarceration. Frederick Wilson, i alias Whitehouse (with a long record) pleaded guilty to a charge of drunkenness in Cuba street, having three recent convictions. Accuood wiu mulcted i). Hio sum of 60s. or one moiibh in gaol. John Angus, charged with being drunk in Taranaki Street, pleaded guilty and begged to got another chance to go to work. He was convicted and discharged. John M'Kicbun, for drunkenness in Taranaki Street, was lined 10s. or 48 hours in gaol. John Henry Brooks was charged with being drunk in Cuba Street, and pleaded not guilty. Sergeant Rutledge and the arresting constable each gave conclusive evidence, and .accused was fined 20s. or seven days' imprisonment. Peter M'Laughhn, who was found drunk in Courtenay Place, was remanded to gaol for seven days' medical treatment, then to appear again. Thomas Tieco, alias'O'Connor, was charged with being drunk in Kent Terrace Accused pleaded guilty and stated that he had work to go to in the country. He was convicted-and discharged on condition that he left the city that day. LIBEL ACTION PENDINC. TO BE HEARD AT NAPIER. Tho Chief Justice (Sir Robert Stout) hoard yesterday in Chambers a motion to strike out certain paragraphs in the statement of defence filed in a pending libel action, T. H. Lowry, of Hawke's Bay, versus the "Now Zealand Times" Company,* Limited. Tho claim is for £2000 damages, for alleged libel in connection with a published account of the last Now Zealand Cup, run at Christchurch, in which race Bobrikoff was a competitor. Mr. T. l'oimg appeared for tho plaintiff, and Mr. F. C. Dakiell for the defendant company. The statement of defenco admitted the publication of the alleged libel, but it was pleaded that the account was not published falsely or maliciously, and also that tho article was fair'comment .upon the. facts. It was contended by counsel for the plaintilf that the statement of defence .should bo amended by striking out the statement that the publication was not false and malicious, and by striking out the plea of fair comment, unless the facts upon which that plea was founded were also stated. The Chief Justice, after hearing argument, decided that the denial that the publication was false and malicious should bo struck out, but refused to order tho plea of fair comment to be struck out. Mis Honour pointed out that no facts could be proved i" support of this plea at the trial, unless the plea was amended to allege the tacts. The plaintifr would be allowed one guinea costs on the motion. Tho case will come on for hearing in the Supreme Court at Napier in about a fortnight's time.