MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume XXVII, Issue 7556, 4 September 1903, Page 3

MAGISTRATE'S COURT.

MASTERTON—FRIDAY.

(Before Mr W. P. James, S.M.)

A sitting of the Masterton S.M. Court was held this morning. BOROUGH BY-LAW CASE. The adjourned case Borough Council v. Annie Andrews, was brought on. Mr C. A. Pownall for plaintiffs, iutimated that not only had defendant connected the premises mentioned in the information with the drainage, but she had also substantially drained the whole block of buildings. The work had not been actually completed, but satisfactory progress had been made. Mr W. G. Beard, for defendant, stated that it was not his client's intention to set her back against tho Council's proceedings, but to determine who was responsible for the work. Mr James imposed a fine of 20s, and costs £2 9s. BREACH OF COUNTY BY-LAWS. John Henry Burling was charged on the information of the County Clerk (Mr F. G. Moore) with committing breaches of tho Heavy Traffic, and Wheel Tyre by-laws on August 18th, on the Bideford-road, by carrying a weight heavier than stipulated by the by-law, and not having the specified width of tyre. Mr W. G. Beard, for informant, stated that these infringements of the by-laws are only too common and he asked that a substantial penalty be inflicted in order to put a stop to the practice. Fines of 40s and 20s were inflicted, with costs amounting to £4 3s. FENCING DISPUTE. Richard Barrer v. Donald Douglas, of Wainuioru. Plaintiff applied to have the boundary determined, and the erection of a boundary fence ordered. Mr C. A. Pownall, for defendant, admitted that a notice had been served according to the Fencing Act, bat since tho service plaintiff had not attempted to como to an agreement with defendant; and until a disagreement takes place, the Court, he contended, had no jurisdiction. Mr Pownall also maintained that defendant had completed his share of the fencing. Mr R. K. Jackson, for plaintiff, denied that this was so. Mr James said as there was no agreement, there must be a disagreement, and suggested that an outside man be appointed to view the property and report upon the dispute. Mr Pownall further argued that as plaintiff had done nothing further than to servo a notice tho Court had no jurisdiction, and the form of the notice was not complete. On tho suggestion of the S.M., it was decided to appoint Mr J. Fraser to report upon the matter. OTHER BUSINESS. A local resident was fined 10s, and costs 7s, for allowing his chimney to catch fire. Philip Juno made application for a reduction in the amount (16s per week) he now contributed for the maintenance of four children at the Burnham Industrial School and Wellington Home. Mr James declined to vary the order.