MAGISTERIAL.

Timaru Herald, Volume XC, Issue 13236, 16 March 1907, Page 2

MAGISTERIAL.

1J MARL"-MARCH 131 h. UJefciu Hewn'!). Smai;. and K. I'. Ulii.ie.iu, .). i'.'s.) BREACH OF THK ROROCCH Hi r -Uws. J. JJ. King, chaiged willi driving a ve'-.n-le alter sunset withouc, lignts, ami Frederick Cave, cnaigecl with riding a bicycle by l.iglit without a ng"l. «->icl uol appear. A line of IG. was imposed in each case. F. Davidson, charged with driving a \ehicle at a [nice greater than lour miles an hour ovei a street classing, namely the intersection of Church and Stafford .Streets, did not appear. Constable Russell testified that accused dn.ve .tuifrh Niatinid »t about ten miles per hour. .1. Davidson, falliev nf.aLcused, oll'eved to explain the ciicunwt.im.-es. His son .ad a load of riles on an expie.-s which was di.iwn by an old hor.-e. in order to get up the hill in Church Street, accused had to put the horse at it at a good pace. The horse, however, could not do inoie than four tailen an hour.

The Bench said that the case was proved, but as this was t."e first prosecution of the kind here, a fine of 2s- od only would be imposed-. ■ '' DRUNKENNESS AND INDECENCY. Patrick Owen was charged with committing an indecent -act while drunk. Constable Sweeney piovert the offence, which was committed in a public place, i:i the presence of a numltsr of women and children.

Accused ' wfli" fined 20s nn the graver charge, and convicted and discharged! for drunkenness. CATTLE TRESPASS-AND RESCUE.

James Dunn ivnt changed with lescwng eight lie'd of cittle fiom t & 'Lmiaiu p'Jiind on Jannaiy 3id. they having been (hily impounded; and also with, on Maul) Ist* allowing 14 head cf cattle to vander at lirge on the South Beit, within the Boiough of lini-nm Mr O. X, .1 Alpeis appealed for the lnfoiinant, T W Batcock, poundkeepei, and Mi S (i Raynuwl fn defendant The two chaiges„weie token togethei. In legaid to the fii«t c nige, Mi Alpeis sud that accused owned irane <.Utle which hid on difteient occasions tiespassed on the property of Andiew Davidson On Jannaiy 3ul Davidson impounded eight <f them, aitd attei doing so, ioi the poundkeeper Befoie the latter aimed accused lesuied the cache fiom the pound He called

Andiew Davidson, ounei, who eM dence a-, to finding i some ot x ccused s cat tie on his piopenj ott Woodland's ioa(', on Jinuan 3id Wirress diove them to the pound' mid fastened the gate witi a chain Latei he saw accused wuh a boj aJd a gnl jliiwng then awaj fiom the pound , To Mi Raymond Was onlj a witness in the case, not the infoimant Afiei impounding the cattle, his son foi the poundkeeper Told defendant that if he took the aittle from the pound it would be at hi-, own nsk

l'\ W Battcock. poundkeeper, testified t at he saw some cattle on the >South Be't fn March Ist. Defendant was theie, and w hen -.usked how much longei he meant to- let ihis cattle wander on the load, lie '•iid he would let them wandei as long as aid wheie he liked. 'I he cattle weie ihen on the mith side of t e load

Albeit Lethendge couobniated the e\i dence of last -witness. Defendant A\as among t the cattle, leading a newspapei

Mi llT\mond asked foi a dismissal of t»e case on lnoie than one ground The i lfoimafion was laid under Pnit 111. sec turn 67, ot the b% laws, and this was not quoted in the information Tins was suffi cieivt giound for dismisi'.ng the c. se. Moieovei. Mi Alpeis had not confined himself to the section under nhio the chaige was laid, lliis was anolhei giound foi dismissal

Mr Alpers "aid thai this was rot i-o. The infocuyitam was la'd undei "The Timaiu Borough Bj law, 1906,'" and techmcalh speaking, he was rot tied down to anj paiticular section' The infoimation was laid undei section 67, which iiio\ided tha 1 - "no peiron shall

allow any cattle oi hoises to wander at Luge on an\ i tieet oi public place within the Boiough of limaiu " The defence, howevei, brought the ca'-e undei section 93 which foi bids dirwng any cit fe through aij sheet except iindei special conditi ns

Mr Raymond poirled out that the by law lelated only to cattle " wit'"in the boiough" and no pioof had been gi\en that the cattle in tjussiion were within the boiough Secti n 67 coveied two cases ' '• Xo peison shall tuin loose . . or allow any cattle oi hoises to wander at huge on anj t-tieet " Ihese weie disjunctive cncum stances, and the mtoimation did not distm girsb between the tmo. He submitted that the (attle weie r.eilhei turned loose noi wandeiing, since a mm was m chaige ot them, as -shown by t e eudence foi the pio^ecution '1 he Bench said that the oftence had not been proved and the case would be dism:i sed "* The second, the lescue, infoimation was laid undei section 47, sub section 1 ef "Tne Impounding Act, 18§4 and Mr Raymond submitted that the iase should be dismissed under section 11 of (he same Act, whica lequiied that "the peii on by whom or by whose older any cattle are se-if to the'pound shall spet fy in wilting to the poundkeeper" full p-iihculais of the cattle, wheie tney weie impounded fiom and the damages claimel 'lnis hid iot been done by Davidson, and he sub mitled that this was sufficient reason for dism'j j-ing the ca-se. He cited, in support an appeal from the decision of-a magistiate eaid by the- Chief Justice Piendeigist,' !'■• the Supie'ie C'ouih Welling'on, in 1888

Mi r Alpeis took it thu meant'" ti> put into a pound" and ro other than the <-imp!e meaning was meint in the Act. since no delmition of impounding wms given in the inlerpi elation clause of the Act If Mi Raymond's explanation of section 11 were accepted, theie was nothing to for bid the lescumg of cat(4e from a pound prn\ ide 1 no notice had been i ent to < tlie pound keepei . The impounding was legally lorie, as allowed bv seetaon 5 All Raymond called the defendant, James Dunn, a lesident of Buchanan Stieet. who statel 1 jar he owred sime cittle, and on Jannaiy 3id heaii tint /thev had been taken to the pound bv Mi Davidson W 7 e n t to the pound with his daughtet and a boj '(he cattle weie not all m the p r nrd Offieied to paj any damages, .ind Davidson <said "Well take them ,i« i\ and for flod's «-ike don't let them in again " To Mi Raymond Had been warned once bafore by D.un'ioi Did not heir Davidson say ,"You take them at youi own usk " '

Henry Cotter and Agnes Dunn gave evidence coiioboiating that of the last wit ress.

Tie Bench, in gi\ing their decision, «aid tli.iti cor*.uleiing the defence sub nutted by Mi Rijmond and the fict that Davidson gave the defendant leive (o take the cattle away," they would dismis,- the cise

Co-K. £1 1-, on eich intrumation. weie allowed against the informant. Mr A'peis objec'ed to his client having to p.iv co"-! 1 ;. since he v.\s only clonic; his duty .is a, public officer He hiH 'mtel that an appeal would probably be lodged.