MAGISTRATE'S COURT.

Colonist, Volume XL, Issue 8747, 22 December 1896, Page 2

MAGISTRATE'S COURT.

YESTERDAY.

(Before H. W. Robinson, Esq, S.M.)

COUNTEY BUTCHERS BRINGING MEAT

INTO TOWN,

W E Croip, butcher of Hope, was oharged on the ioformition of the Town Clerk, with bawking meat in tbe City of Nelson contrary o the By-law, he not having taken out a hawker's license. Mr Pitt appeared on behalf of the information and Mr Maginnitv f r the defendant. Mr Pit» contended that it did not ma'ttr how a x.an travelled, bat if he exposed goo<?s fo sale in any town other than the one in which he resides he is a hawk~r, bat if any tradesman in the oity took goods about the city he wai not a hawker. He quoted several authoriti s, and oalled as witness -8 Charlotte Nr.ve, sworn; lam he dangirer of Aoaußim Neve, who resides near the

Waimea road. 1 know th 3 d fendaot, who supplies ob with meat and hes done so for years. Defendant brings a cat round witii m*at, but I dj not know whether his name is upon ihe cart. We do not always order h<3 meat previously, but we generally d ■ f o. The nißftt supplied to us by defendant on Decemb=r let, was orJered previous'y, bee i vs 3 it was lamb and bacoj. Uefeadant's employe 1 ;, Mr Little dlivered it.

B? Rir M 'giEnity : When we get mea* that wa ha?e not ptevioualy ordered, v»e go to defendant's cirt, and see what he ha? got. It was by our wish that defendant supplies v 1 with meat.

By Mr Pitt: He has more meat io the cart

than wba b < he bri- ga as.

Thos Shirtliff, dairyman, Bworn* I get maat from defendant, and have done" so fulsome tirm pas'. I do not always get supplies from defendant, because wa principally kill oor own. I buy the meat from the defendant on the road, beoause we live some diataioa beck from the road. I did not alwayß say beforehand what clas3 of maai I wanted. I obtained 2a 6d worth of mutton on the day men.ionedin tha i formation fro a defendant. That was prey. ulv ordered. I toli him to oal on taat day with muttoo. I cincot say if defendant's name ia on the cart.

By Mr Magionity: He did not come near my house. I get meat from other batoh-r3.

By Mr Pitt; I know that defendant's osrt is in town on Tuesdays and Saturdays. Ernest Trask, sworn : I know defendant, and have seen his cart in town with meat. Defendant has sent meat to Nelson for yaars. I genera ly go by the imn driving the cart, and not by the name on the oart. I know that defendant does hawk meat about, and I have snld hi-* driver meU when he has b=en shor^. The driver s«d on those oooasions that he had run out, co wi'nsss considered that he had sold out the meat he brought to towD. The week before Usi he Bold defendant's driver some lamb, as he said he had run out.

Ar.hor Traak, sworn: I hava sesn de'eidant's man delivering meat from a osrt. lam not Bare that defeodant's name is on the car*. I hawk meat, and defeodant'a man tabes roand meat the same as I do. I have witnessed ea'es of meat by the man Little. I have not heard orders given to him for maat, but I have seen him delivering meat &t Devine'a hotel. He, hawks ac it juet as I do, and he drives for defendant.

John Little, eworm : I have bf en in the employ of defendant Bince July Ist, 1894. I lo k after the Bhop in Biohmond, and after the customers in Neleon. Defendant has three carts, bot only one comes into Nelson, and it has not defend mi's iiame upon it. The cart comes into Nehon oa Tae'days Thuredays, and Saturday. I tike home the meat that is not fold in town. I do not del-vet meat in town unless the peop'e stop me and ask me to supply them. The meat is nol alwaya ordered beforehand by our | cir-tomerp. I

By Mr Magi^city : I never go to people to aek them to buy meat. The meat I deiiver is moßtly the result of orders previously received. I never cry out when going round with the cart, except to oar regular customers. Mr Shirtliff and Miss Neve have given oorreot evidence. Mrs Baroeti sornetimeß comes to m 9 for meat. I do cot solicit orders for meat.

Fy Mr Pitt : Defendant lives at Hope, and he has no liceure.

This was the oase for the informant. Mr Maginnity addressed the Court at length, He contended that the authorities qaoted by Mr Pitt did not apply to that case ; that the By-law was ultra vires ; that it should be obligatory on al», the town butchers as well a? those from the couttry ; that it must be reasonable in character : that it mast not be in restraint of trade ; tbat it muss be positive, and the definition of a bswker given in the By-law must ba adhered to : that the defendant had not solicited orders ; and that the evidaooe prodnoed had entirely been in favor of the defendant.

Mr Pi*t briefly replied. The Bench said the charge was against Cross, bnt the offence, if any, had been committed by Little. Mr Maginnity Baid he would admit lhat Little'd sites were Croea'a, as the former was employed by the latter. The case wag a test one to prove the value of the By-law. The Bench reßerved judgment until Friday, January 15tli, both partea considering it would be better to be received after the legal holidays in casj cf an appeal.