CITY COUNCIL APPEAL FAILS. THE ISLAND BAY CASE.

Evening Post, Volume LXXX, Issue 5, 6 July 1910, Page 8

CITY COUNCIL APPEAL FAILS. THE ISLAND BAY CASE.

Ignorance is not of itself sufficient to excuse a breach of the bylaw, was a ruling of the Chief Justice to-day in giving judgment in the case of James Doyle v. Hamilton Gilmer. It was an appeal case, and the short point was whether the magistrate ought to have convicted the defendant of permitting a nuisance on his land, an unoccupied section at Island Bay, he having no knowledge there was a nuisance there. Whether the words "permit' 1 or "suffer" in the bylaw were used did not seem to his> Honour to matter in the present case. "Pei-mit" may point to knowledge, but he said there was no knowledge and nothing apparent on the land, nothing in fact that might have led the owner to know that anything was wrong. If there had been, the inspector of nuisances would have discovered it before, and" no doubt have drawn the attention of the owner to the nuisance. It would, in his Honour's opinion, be going beyond any of the cases cited, or any that could "be referred to on the meaning of the word "permit" to hold that in this particular case therfc was any permission, for since there was no knowledge personal, or by servants vv agent, there was no negligence, and only after investigation could the cause of the nuisance have been discovered. If it could have been shown, his Honour I added, that the pit was constructed by the respondent, and that the construction was wrong, or that he know the pit was there, the case would have been different. It was held that the appeal must be dismissed with £5 5s costs. Mr. J. O'Shea, city solicitor, appeared in support of the appeal, and Mr. A. Blair was for respondent.

Messrs. Thompson Bros., Ltd., announce that they will hold an unreserved aale of Wanganui nursery stock on behalf of Mr. C. C. Rasmutiscn, nt the Fruit Exchango, on Friday next. The list includes trees and shrubs, roses, camellias, azaleas, hydrangea's, fresias, palms, etc. Mr. F. J. Oakesj, who is giving up business, advertises this woek as the last of his salo. Messrs. A. Lindsay. Ltd., advertise that they only hold two sales a year. The first will start on Friday morning at the Lambton-quay and Cuba-street promises. Tenders are invited for the annual supplies to tho Wellington Hospital and Chaitable Aid Board. Tho thoroughbred stallion Rangipapa is advertised for sale. This evening a meeting of the Wellington Philosophical Society will be held. | Tho report of tho committee on tho proposed formation of an astronomical section will bo among the subjects to be discussed. A notice in reference to claims in tho assigned aetate of Nathaniel Maahire, storekeeper, is advertised in this issue..