MAGISTRATE'S COURT.

Oamaru Mail, Volume XXXIX, Issue 10778, 29 May 1911, Page 4

MAGISTRATE'S COURT.

(BtnW Air T. lluu-iii -on. S.AI.; | WATER-PIPE. A- r tjnest;::n of liability for repair of a leaking water ;-,)- ■ .ecupied the C<r.iit for •" some ii.--.i- t;.i-. naming, wh'-n C. W. K>-nt. L..-,n Cier!.:. .'lar.. Ann Al'Kei-z:? :o: .u'o". ing uai.-i to ruir to-v. :-at".'. Mr Ongh-y apt,,-ar-d t'oi defendant. who pleirie.i i.o: -.uiUy. Mr Li;'-a>. for tie- prosecution, said that for ■-•','.! •■ < .>•,- id-: .xblc time there had been i '!'•::';::-■'• of w v.v r running across fee'. ;-:.ii: iiy ijeii iidantV. 'section All Ar'K"i':;ie complained to th? Ct.'icii. hi: !•• ;it- nrion iv-iug .that this' was; coining from tin- premises- of the ".ext-dooi i.-einiib';.-.' Tli" borough" officors■ ;ns[>>et"d tie- propcity' a"ili'.. made/ certain •--'s. with l!ie .vsiilfc that thoy found that water was coming firom.a leak on defendant".-, owir property. Air 'Nimnio, the Borough engineer"-, found the water issuing from the soil and! 'borrowing a spade uncovered the pipe. C'luns.l understood that the defence wonM be that the break in the pipe- V.-K- c-UI-'-d :;•. !!lo he! .illgl, officers - -

David-Nimmo. borough engineer, said that, in consequence of a complaint, he went up to Airs M'Konzio's house and found that water was lying on the surface of the section, on the terrace just in front of the .house. He borrowed a spa.'le and removed the soil at the spot. On uncovering the leaden pipe he found a small crack in it. from which water, was issuing. lie did not crack or damage the pipe in uncovering it. Three years ago there Lad been a leai at the same place, and on that occasion the leakage had been by :i" borough official, who had tapped the pipe up with a hammer Cross-examined by Air Ongley, Mr Ninimo said that the mark on the pijie was. made v, hen the previous leak had been tapped up. It was Ring in. the' opposite direction to tint in which he' had put down the spado in uncovering the. pipe. 11. J. Mackenzie, sanitary inspector,gavo evidence corroborating that of Mr Nirrmo. He saw no cut made hy a spade; the leak was an old one. . To:Mr Ongley: When Mr Nimmo /uncovered the' pipe there wad a jet of wafer not mor" than two feet - high spraying' up. • Now the jet was "about "feet : high .''-;. " ... 3i'r*"Lucas, : in closing his case; snbnritffecl that the leak' ha'tl not been caused'.by bo'rbugh ;dffice : fs, "and that even'if It "had 'that Fact .would not coustittife :a. : defence to the prese'nt' aC'tTdh.' "■'' ' ■ ''"'" .' i..' •'••'• TKe'.: Magistrate questioned whether the? : £btibri should' have been bfoiiglit agaißii Mrs M'Kenzie : iff stead of her hnsVan'd. ■'•'".'-.:- "'""• -.--_'= -^

Sff Ongiey said the 1 defence would be tKitt; fhe 'leakage "was caused by 'Mr Ninjirnb: .He submitted that"they could notable convicted', of; aUbwurg water to waster';' from a"'leak"; caused ' by' the lrarpufli'af ; qwnV : qnicers. ' "Mr Milligan andvtfife; constable ,who served the summOTS,/Ha3*'T/oth''examined the pipe, and he.-wonl3?call!them to-give evidence. '' _ said' : h's thought the jet- of water would come through the : souViri about:ten minutes. He saw the top of the bufeeoUldmot say how it was made. .:'. •;'TSi:SIx.. Lucas: There were other marits'.bii/ this .pipe, appearing to have beeavip'adp -with a blunt instrument. / serving defendant with the. summons on,/ Friday;', he examined, the pipe, a:4d it appeared to ..him that it had. been cut across.

T/o-/Mr Lucas: He .could not say when had'been made. '" ' Alexander M'Kenzie, husband of defeifdanfc, "said'that he examined the "after;"Mr Nimmp and found £bie^water coining through a clear cu't?in°luie.with the marks made by the sp6de_'in' the soil. The water was sqnjrting '.up .four feet. . Since Mr Niiflmb'ihad' been "up tlie flow of water across the footpath had'beconic worse. ' ■ : T6 Mi - ' Lucas: It" was .witness' opinibn.tiiat. the'cut had been made with a spade/and the other marks had been ma"3e..in""an attempt to cover lip the was"; prepared to show that the wdt|r;wis still, coming from the neighboring ' .- ",'.-"' Afcitbis' stage his Worship suggested tha-£/the"'case should "be" adjourned to parties to 'settle 'the' matter' mftypfjcpurt-.Hp was of opinion .that tlie" "flofrCoE] water ; was"'caused, or. at any by 'the action of the 'official. Though the prose-cu^ori-might succeed on a technical p^Jin^,-TOdertsuclr circumstances no fine wouMv .le /imposed. Counsel "consenting, the case "was ad-

•^ r a CAEBY'S TROUBLES. Adam.' Glynn had a "fare" for the Kgron- traia on May 25, and when endeavoring to .cover the distance from the/PoiS Office to the station in_ three minutes, lie was seen by Inspector Mathias,. who subsequently . charged liim with; driving' "a vehicle" round a corner at*. 6ther' : "than a walking pace', and also witE" obstructing traffic byTfailirig to observe,the "rules of" the road. On the first "charged'defendant pleaded guilty amT was" fined" 2s. He pleaded not guilty to the second charge," : '"and the Inspector called evidence :to show that defendant passed neartp'the Kerb on'the'right-hand side ittv'ifirnirig the corner of Ribble and TEames streets. In doing so he narrowly ■ avoided a collision with two cycliits... .The' Magistrate dismissed the information, saying that the rule of the road was/nbßvthat a.person must keep to the left,-hut:that he must keep to the left when-passing someone else. Defendant in-tins.'case had - not seen the other porsons.'coming towards him. r

: ;:a-'.%A: 4by%law cases. George-..Denniso'n, convicted under thfer.rawraj ; tby'-{hws of allowing cattle tottresgissontlferailway line at Hilderdischarged. •. ara(^m' ; lkL r Leod, Lattiiiier, G4iime' and""-TVu , h"am Maynard, whom the.,s.lagistrate likened to' foolish virginaf *in." > €fiiit'"ihey : -had- no oil r in their riding jbicycles affer^snus«t-without lights. Tliey vrere discharged ; with ,a caution.

was convicted of having) assaulted. MargaretVEriirria Ander- . son^Kji^jj)..;.-.TKe evidence disclosed that, plaintiff, on" going to collect a deb't, . was ■ met • by uncomplimentary lni«siuage r "from defendant, who eventually '.assaulted her by "pushing her sh«VdHer." ; The-Ma'gistrate imposed a SftSf ol JO? and costs £1 7s. A week was.allowed in which to find the- money.