MAGISTRATES COURT

Greymouth Evening Star, 31 October 1931, Page 8

MAGISTRATES COURT

CASES AT REEFTON. [OUB OWN COBRESPONDENT.] REEFTON, October 31. Mr W. Meldrum presided at yesterday’s sitting of the Magistrate’s Court. Reginald Hall was charged under the Fisheries Act with using a rifle for raking fish and also using explosives. Defendant pleaded guilty. Constable Neary conducted the prosecution, and stated that defendant opened the sluice gates near Brown Creek on the Blackwater Mines Race and then lowered the water in the race, nine inches, and went along with a rifle and shot five trout. Defendant was fined £lO. Wilbert H. R. Reeve was charged with failing to display two headlights while driving a motor car on the Buller Road on October 21, and also with excessive speeding. He pleaded guilty. Constable Hill said that at 8.45 p.m. on October 21, defendant was driving without lights and turned a corner off the Buller Road to which he owned up to driving at a speed of over 25 miles per hour.

On the charge of failing to display a light defendant was convicted and fined 5/-, costs 10/-, and on the second charge he was fined £2 with 10/costs.

In the case Blackwater Mines v. Reginald Hall and Thomas Thorne Junr., Mr Morgan appeared on behalf of plaintiff, and drew attention to the fact that the Company’s race had been damaged previously and in view of the heavy fine inflicted in the previous case against Hall, he asked for Court costs • £l/10/- and solicitor’s fee £l.

MINING ACT BREACHES C. J. Strongman, Inspector of Mines, proceeded against Thos. Coghlan, on four charges; (1) He did fail to keep detonators stored in a box placed in the magazine provided for that purpose; (2) Failed to make provision for the storage of surplus explosives brought out of the mine at the end of each day; (3) Did use a safety lamp that had not been thoroughly examined by a competent person; (4) Did act as manager of a coal mine he riot being the holder of a permit from the Inspector or otherwise qualified. Defendant appeared on his own behalf.

Mr. Strongman, outlining the case, said that at last Court day Doran was fined for an offence for not making provision for the proper storage of explosives. The magazine was not licensed and did not comply with the Act. The lamp used at the mine was defective as the gauze was dirty defective and rusty. J. L. Hughes, Inspector of Mines, stated that on September 3, last, in company with Mr. Strongman, he inspected the mine and magazine and safety lamp. In the magazine detonators were not kept apart from the other explosives. The safety lamp was in a dirty condition and had not been properly cleaned. To Defendant: The lamp was in a bad way and the gauze was dirty and the lamp had not been examined. Mr. Strongman was told you had nothing to open the lamp with. Mi- Strongman asked what was used to open the lamp as there was no key.

To the S.M.: The proper appliance to open a lamp was a key. In my opinion the lamp was not cleaned. I do not know what the local practice is but the building required by the Act, was not there. C. J. Strongman stated that on September 3 he visited the mine and found conditions as stated by Mr Hughes. There was neither key nor brush to keep the lamp clean. Witness took the lamp to pieces finally using a piece of timber. He tested the gauze and it was rusty and defective. The magazine was No. 1 according to the Act as detonators and explosive were stored together. Mr Doran had been fined for using the same magazine. The magazine should be licensed, and the work of Inspection had been carried out by witness as deputy for the Explosives Inspector. Regarding the charge of acting in charge of a mine without a certificate, defendant does not possess sufficient knowledge of the Coal Mines Act to qualify for a permit. Witness had asked Coghlan to study this for examination. The gauze was dirty and rusty and defective, and pressure must be applied to test the condition of the material. The gauze should have been destroyed. J. J. Doran stated the lamp was in good condition. Mr Coghlan took charge three days after he, and the gauze was tapped on the seam and broke.

The witness was admonished for his behaviour in the box. Mr Strongman did not cross examine as the witness was hostile.

Thos. Coghlan produced a temporary permit, received from Mr Strongman in July. This was for unwatering the mine, and before coal winning was begun a discussion was invited between the management and the inspector for future operations. To Mr Strongman: This mine is on the same lease, but had a separate entrance to the old mine, for which the permit was granted. To the S.M.: As to storing of explosives, there was no separation, and it was not unusual to store them together. The safety lamp was allright until Mr Strongman tapped it with his fingers. It was not rusty and it was used every morning. The S.M. said he considered that a breach of the Coal Mines Act had been committed. On the charge of acting us manager without a permit, he would be convicted and fined defendant £l, costs £2 8/2, and on the other offences was convicted. Defendant asked for time to pay, which was granted.