TAURANGA R.M. COURT.

Bay of Plenty Times, Volume II, Issue 197, 25 July 1874, Page 3

TAURANGA R.M. COURT.

Wednesday, July 22. (Before E M. Edgeumbe, Esq, J.F., and Captain Tovey, J. B ) Civil Hide. Grace T. Gheen.— Tins was an adjourned case.—Judgment for plaintiff for £G 7a and costs. alleged breach of the highways ACT, —BILL V. HEANEY. In this matter judgment was given as follows : —“ The Court is of opinion that there is no evidence that the road in question is a ‘ public road 1 in the meaning of section 70 of the Highways Act, 1871. Captain Turner in his evidence states that it is “laid off” aa a public road, and afterwards implies that it has not been opened. The defendant states that he was unaware there was a public road through the paddock. The fact of a road or intended road being shown on some plan, or such intended road being pegged out or used for funerals only does not constitute it a public road. The Court, is. therefore, of opinion that (1) the road, if it exists, has not, been proved to bo u public road ; (2) that the complainant has not proved himself to be a ratepayer of the district, which according to the Act is absolutely necessary. The case is therefore dismissed with costs.’’ (Before Major Roberts, R M.) BREACH OF THE STEAM .Vd’UaTIOX ACT. Daniel Sellars was cliurg- U <m tiie u.format too ll! Dugahl MeKeliur, luspe- to- of Cost, mis, Tauamsia, that lie did. <m the 1 ~L .lav ol July, «h mete' of a lertain steam v.p.-el name! the Sout aern Cross, to which the provisions of tne

“ 8 team Navigat on Act, 0t»6," v. then and I lu re appfv?ab!p, us hoin such master .»» afore-atd tnen ami U ;t , r « receive oh board and carry on the deck of i!> > S ai t vessel a certain number of 'beep without a general cert ideate from the Omn* ■l. issiotirr of Custom 4 as to the number of sheep which might be sffi-ly and conveniently carried on Ihe deck ol the sai l vcmel.

•ho defendant plctdod guilty to the charge. T ho following evuleitco was adduced :

Dugaki McKellar, Inspector of Customs, Taurunga, deposed : I issued a m>fsee to defendant from my office on the 24th Juno in consequence of instructions received, tiu.t the provisions of clause 20 of the Steam Navigation Act, 1866, were in future to be rigidly enforced ; on the Ist J tlv, before my arrival on the I'uuranga wl arf about 80 sheep were taken on board the Southern Cross and put on the poop: I demurred to this as being contrary to the notice given, and that the sheep were causing inconvenience to the passengers ; souse ol the sheep were removed to the for© part of the vessel j not. considering that the number of sheep affected the sea-worthiness of iha vessel* I did not prevent the steamer leaving, arrangements having been made to hurdle the sheep off, to enable access to the alter cabin being mad© practicable; sufficient time had expired to'etmble a certificate being obtained of the number of sheep that might be conveniently carried, such certificate being the one referred to in clause 20 of the Steam Navigation Act ; the purport of bringing this case before the Court is to show that the rules and regulations laid down by the Q-overn-ment must bo carried out. more especially after & notice to that effect having been given ; iu this case there was no access to the cabin set apart for female passengers, therefore serious inconveuiouca must, have been experienced in consequence. The defendant was fined £5 and costs (19a). ANOTHER eiuiiflg.

The same defendant was then charged on the information of Mr MeKellar that he did, upon the same occasion, without special permission in writing from an Inspector of Customs, carry on the upper deck of the s s. Southern Cross, part of the cargo, contrary to the provisions of the Steam JSavigation Act, 1866. Defendant acknowledged the offence.

Dugald McKollar deposed ; On the Ist of July lust I found oil going on the wharf that the steam vessel Southern Cross was on the point of sailing for Auckland, with a cargo of cattle below hutches, sheep on the deck, and also sundry cargo ; subsequently a quantity of green fodder was placed on the deck-house, where was also part of the passengers’ effects ; the most of the available dock space for passengers was therefore taken up by packages and fodder ; I did not desire to deprive the passengers of their effects by insisting on their being landed ; I could see that it was not practicable to put them in the hold ; I protested against some of the large packages being placed on the top of the deck-house, and In consequence of which no more we e put there; Id d not consider (hut the vessel was in any way unsafe, or I should have taken further steps ; the defendant explained to me what step# ho would take to put matters more to rights upon getting under wav ; I consider that the offence had been committed prior to my arrival on the wharf, and in disregard of written note* that the provision of clause 20 of the Steam Navigation Act, 1866, which provides that no j art of the cargo should, without special permission in writing of an Inspector, bo carried on the upper deck, apet no permission having been applied, for as prescribed by the Act, I considered it necessary to bring this charge to allow that it was the intent on that the regulations should be complied with ; I have instructions from the head of my department to bring such cases before the Court.

Defendant waa ordered to pay a fine of £3 and coats (Ms).

TbMatav. J. A. Chadwick.—Claim 16a.—Of no public interest whatever,—Plaintiff was nonsuited with costs.

The Court then adjourned. YESTERDAY. (Before Ma jor Robert a, P.M ) DRUNKENNESS.

John Madden was charged with being drunk at Tauranga on the previous day. The accused pleaded guiltj, and promised to be a total abstainer from alcoholic liquor if his Worship would be lenient to him this time. Fined 10s and costa. THREATEN INC AND ABO9ITE XAKOCAGB. The same prisoner was that charged with using threatening and abusive language to W. B. Langbridge upon the morning of the 23rd instant. It appeals that the prisoner objected to some remarks which appeared in the Bay of Plenty T IMES a short time ago regarding the conduct of Sergeant Naden, AC, of Tauranga; bo mot Mr Eangbridge on the Beach Hoad upon the day referred to, and used moat insulting and threatening language towards the informant.

The prisoner acknowledged the offence. Do was not sober at the tune. He would not offend again if the informant would b« merciful to him. The Informant : “ Your worship, I do not desire to press this case ; I felt bound to bring the matter before the notice of the Court, and therefore gave the man into custody yeste’rday. The prisoner has expressed great regret at his conduct,and I will therefore,with your permission, withdraw' the information; I have no wish to punish him.”

His Worship severely cautioned the prisoner, and allowed the information to be withdrawn. Ihis concluded the business..