AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 634, 11 August 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, August 8.

Bkfoue Justin Aylmer, Esq., R.M., and His WoKsmr tub Mayob.

BREACH OF AUCTIONEERS ACT. A. I. McGregor was accuaed of having sold goodß by public auction, at a sale of a man named Moore, after 5 p m. on July 25th, contrary to the statute made and provided. Mr McGregor acknowledged having cold goods after 5 p.m. on the date stated, bat pleaded in extenuation ttio common practice. The Act wns an old one, passed some thirty years a&o in the Provincial Council, and few know its provisions. To witneee , own knowledge, auctions were frequently held in Christehurch that were prolonged after the hours mentioned in the Act, but no notice w.« taken of it, the Act by common consent being regarded Aβ ob--80 tete, and simply retained till newer legislation could revise it. In this case, at any rate, ho could declare that the public were not injured in any way. If they had suffered in any way, they had their remedy from Mr Moore, who was a responsible person. Hβ and other auctioneers paid a large license fee for the common good. He deprecated this exceptional etraitness, which he looked upon as a great hardship. He had simply sold after five to close the sale, and had not disposed of more by auction on the night named in the summons than was usually cold by Mr Moore after 5 p.m. on an ordinary night, so the public had not been misled. Last session a bill had been introduced to amend the existing law in this particular, but bad been withdrawn, through the mass of other work. He had written to Mr Levin, tha member for TJiorndon, on the matter, and he had promised to reintroduce the Bill, which he was certain would pass, if time were procured for its consideration. In conclusion, he would respectfully submit that as the public had not suffered in any way, tho merits of the case would be -met by its being dismissed. The Bench said that though the ordinance was an old one, it was that under which the defendant held his license, k> it was to bo presumed that be was thoroughly aware of its contents. The Act was pot a long one, and the ckuee under wMch the prosecution was laid was as' foUowe : —(clause read). As to no convictions being recorded for the offence, that wee incorrect, and as regarded the tendency of modern legislation on the subject, all the Bench had to deal with waa the existing law. The Bench would, however, dieinisfc the case with a caution to defendant, which was equal to a conviction,,„ apdL: meant that a second .infringement would be punißhed ac severely as if a fine were now inflicted. The Qoart then adjourned.