RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 677, 25 November 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

4> (Before G. G. FitzGerald, Esq., R.M.) Saturday, November 23. Breach of Distillation Act. — John Newton, on remand from the 14th instant, was charged with being in illegal possession of distilling apparatus. Mr Button appeared for tho defendant, and took the same' objections as on tho previous occasion — that tho charge preferred against the defendant was not an offence against tho laws of Now Zealand. — Edward Patten deposed that ho was Collector of Customs at Hokitika. On the morning of Tuesday, the 12th of November, ho visited the defendant's premises, situate in Revell street, where he found the head of a still, tho worm, and tho top of the boiler. The worm was concea'ed in a sack on the roof. The apparatus, is for distilling purposes. By the Court — Witness was certain an attempt was made to conceal tho apparatus. Tho head of the still was concealed in a mattress suspended from the roof. Cross-examined by Mr Button — Witness had very little hesitation in saying the apparatus was made for distilling purposes. Ho could put ifc together. Ever since the Assembly has been prorogued any person being in possession of distilling apparatus is gnilty of an offenco against this act. Witness had not received any other copy of this Act. He now produced the same copy as he did on a former occasion. It does not bear the Government imprini. Witness has been informed by telegram that the Act has been printed. Ec-examined by the police — Judging from the appearance the worm was an old one in course of repair. • Sergeant Hickson stated that ho also visited the defendant's premises on the 12th of November. He saw the worm taken from off the roof of the house by Sergeant Blano. It was ma sack. Witness found a portion of the apparatus (piping) underneath a bench in the shop. Mr Button, for the defence, stated the matter with which the defendant was charged was no offence according to the law of New Zealand. The document produced by -the Collector of Customs could not be taken notice of by the Bench as an Act, because it did not bear the imprint of the Government printer. Should the Bench consider, however, that the law was as that document purported it to be, then he should address the Bench in mitigation of damages, and as this was the first prosecution under the Act, he submitted that the Bench might 1 well deal leniently with the case, more especially when it was taken into consideration that tho Act under which the information was laid had not yet reached Westland. His • Worship could not help taking notice of that fact, becauso ho had already granted one remand in order to give the Act an opportunity to arrive, and ho had not now a legal copy of tho Act before him. His Worship said that as he had not a reliablo copy of the Act before him, ho would not take upon himself the responsibility of fining the defendant ; and, on tho othor hand, if ho dismissed, the case, and it should afterwards appear that the Act referrqd to was in force, ho would have done wrong in so dismissing it. He thought the best course, therefore, for him to adopt would be to remand the f

defendant for another eight days, and release him on the former bail, which he accordingly did. The Collector of Customs here stated that he had been instructed by the Government to apply for a heavy penalty in all these cases. His Worship said he would take Mr. Patten's remark, and also tho arguments of defendant's counsel in mitigation, into consideration. The Court was then adjourned till eleven o'clock on Monday, the 25th inst.