RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1815, 27 October 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fbase3, Esq., R.M.) DHTJffKENNESS. One inebriate was made to pay the penalty of an over indulgence* in liquor, whereby he had rendered himself incapable. A NON-TICKETBD DOG. George Bull was charged with that he, being the owner of a dog, did unlawfully allow the same to be at large in a highway or unenclosed land at Karaka Creek, Thames, without a ticket for the current year affixed to the said dog. It will be remembered that this case was a few days back dismissed on the ground that the information was wrongly worded. Mr. Tyler appeared for the defendant. Defendant pleaded not guilty through Mr. Tyler, who said the information was wrong, inasmuch as there were two offences disclosed in the information. On a " highway" and an " unenclosed " place, were two offences. His Worship said there was only one; offence either way. * James Elliott, sergeant of Armed Constabulary, deposed that on Sunday, the 18th, he saw a dog—Newfoundland—outside the fence of defendant. Defendant admitted the ownership, and on witness drawing attention to its having no collar, said he did not think it was required, being, a young dog. He also said the dog was seven or eight months old. The fence spoken of was near Bull's battery, the dog being about eight or nine feet from the fence. (Witness was examined as to how he got to the place where he saw the dog.) He came up the tramway, but there was a gate between him and the Karaka road. Could not say whether the place was a highway. Had seen it used, and had used it himself. Mr. Tyler said the defence he should put up was that the dog was not on a highway at the time. The allotment belonged to Mrs. Bull. He considered the ground •ufficiently enclosed under the meaning of the Act.

His Worship said the ground was either enclosed or not. The tramway was a highway. Mr. Tyler said the fact of a tramway running through a piece of ground on sufferance did not make f that piece of ground a highway. His Worship ruled that the fact ot' the tramway running through the ground made it an unenclosed place, there being no fence on the tramway. Fined 5s and costs. George Bull was also charged with that he was the owner of a dog, which, on an unenclosed place, situate off or near Karaka road, Shortland, attacked one Joseph Wheelan, whereby the iife or limbs of the said Joseph Wheelan wero endangered. In this case the parties settled between themselves, and it was ■ truck out. Tho Court adjourned.