RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 1132, 4 December 1879, Page 2

RESIDENT MAGISTRATES COURT.

■ <9 THIS DAT. (Before T. W. Parker, Esq., R.M.) NUISANCE. James Markliam was charged by the Inspector of Nuisances with allowing the contents of a cesspool on his premises to How on to section 16, block 4, Thamesstreet, contrary to the provisions of a bye-law of the Corporation. In reply to his Worship, Mr. Toms said that the nuisance, had been abated, and the information was dismissed. SBLLINO IN AN UNLICENSED YARD. Henry Connell was charged on the information of the Inspector of Nuisances with having, on the 21st November, committed a breach of the bye-laws of the Corporation of Oamaru by offering two head of horned cattle for sale in the Show Ground, the same not being duly licensed' by the Town Council as a bazaar, repository, or sale-yard, and the cattle offered for sale not having been exhibited at any public show within the town during the three days previous to being so offered for sale, Mr. Greagli appeared for the defendant, and raised.the preliminary objection that there was no provision for a penalty in the case of offering for sale," and a fine couid not therefore be inflicted in the case of a conviction. The bye-law sinjply provided for a penalty in the case of a person selling. His Worship remarked that it appeared to him that the whole bye-law was one of a rather extraordinary nature. It was going to rather and extraordinary length to say that, a person should not offer stock Jior private sale outside a licensed bazaar or sale-yard. Mr. Toms admitted that the bye-law was a peculiarly worded one. He was anxious to obtain his Worship's decision upon it, in order that he might make a report to the Council, with a view to getting the bye-law amended. His Worship said that it seemed extraordinary that an auctioneer, who paid LSO for a license, should have to take out a license before he could sell in any place. Mr. Toms remarked that two years ago Messrs. Fieming and Hedley had held a sule on the Show ground, and on his warning them of their liability to penalty they had taken out a license. Mr. Church, Secretary to the North Otago Agricultural and Pastoral Association : The license was paid for by the Association. His Worship : Did the Association reap any advantage from taking out the license ? Mr. Church: None whatever, your Worship. His Worship then remarked that it appeared to him that the bye-law was intended to meet the case of a person who kept a sale-yard from which he received some return. It also appeared that ihe owners of the ground were liable for the license fee, and not the person holding the sale. He would, however, adjourn the case until Monday week, when he

3 would go into the whole matter, and not upon any of the points that had been ; raised. L 1