PALMERSTON DAY BY DAY.

Dominion, Volume 2, Issue 600, 31 August 1909, Page 9

PALMERSTON DAY BY DAY.

"A KNOTTY POINT IN LAW." (Dy Tclceranh.—Special Correspondent.) Palmsroton, August 30. At 9 o'clock on Saturday night, a house at tho corner of Boundary and Kairanga l'oads,. -occupied' by Mr. James Monteith, and owned by Mr. N. Paulsen, caught fire. 'J ho outbreak, which was due to a gust of wind coming down tlie chimney, and- blowing the ashes and llame3 into tho sittingroom, was extinguished by Mrs. Monteith and her daughter, with but,slight daraago. Mr. Monteith was in town at tho time, and when lie' returned homo ho threw: water over tho placo where tho fire had occurred, and tho family retired uudor the* impression that all was safe. At 4.15 yesterday morning; however, tho brigade received a call to tho same house, and though they wero soon on tho scone, the flames had spread too qu'ickly, and the houso and contents were 'totally destroyed. The house was insured for £-120 in tho South British office, and the furniture for £175 in tho Ocean and Accident office. 'Another outbreak of fire occurred in tho afternoon in a shop in the Square, situated next tho Dominion Stables, and occupied by Mr. F. Gillett, surveyor. The flames were extinguished by tho 6table employees, and little damage was done. A Chinese, named Wong Hop, was 'before tho Court this morning on charges of having incorrect scales and unstamped weights in his possession. Constable Gleeson, Inspector of Weights, gave evidence as to tho unreliability of tho scales, and tho fact that tho weights were unstamped. Mr. Innes, fo rdefendant, pointed out that the scales wero, only slightly "out," and wero as likely to weigh too much as too little.. Defendant was fined 205., and on tho first caso, and a conviction was entered in the second ease. The Inspector of. Stock, "proceeded against Thomas Harding at the Magistrate's-Court this morning, for offering for sale sheep infected with parasites. Mr. Guy appeared for defendant, and stated that his client was unavraro of the condition of tho sheep at tho time of tho sale. A conviction and a line of 205., and costs, wero. entered. ....

Thefts of bicycles in Palmerston are still being reported, and the offence does not appear to show any signs of decreasing. \About, a couple of months ago, the office bicycle was stolen from the Borpugh Council Chambers. It was found, a few days ago, in a paddock iu Featherston Street, so badly damaged that it is unlit for use.

A knotty, point of law engaged the attention of tho learnod judgo and counsel at tho Supremo Court this morning, during the hearing of the appeal case Siggs v. Archibald. Tho case camo before tho magistrate last month, and plaintiff was then nonsuited on a point of law. It was pointed out by Mr, Cooper, who was opposing the appeal, that Mr. Justico Williams had decided that there could l>a no appeal on a nonsuit on a point of. fact. On tho other hand, Mr. Baldwin (for appellants) pointed out that the Chief Justico (in tho cn3o I'irani v. Grant) had decided that there could bo an appeal on a nonsuit on a point of law. Mr. Cooper further pointed out that Mr. Justice Sim had recently ruled that there could bo no appeal on a nonsuit on any ground whatever. Mr. Justice Cooper, who presided, sai.d ; that .ho did not feel inclinccl to be a Court of Appeal between tho learned judges at variance, and addod that the matter would ultimately have to bo decided by tho Full Court.. I don't see myself why there should not be an appeal," said his Honour, who, liowover, .decided to hear,tho case and, if necessary; to givo Mr. Ccopjr an opportunity "to appeal further on the point. During the course of argument it was painted out that the.ro was some confusion as to procedure in tho Magistrate's Court, and was produced to dccicle it. J- His Honour was of opinion that tho magistrate could only grant a nonsuit once, and would bo. compelled, on a second hearing to givo judgment-either for .plaintiff or defendant. ■ Sir. Baldwin, on the other hand, .contended that tho reading of tho Act showed that tho magistrate could grant nejisuits ad "lib. After further legal argument judgment was,reserved.v <•. An interesting licensing caso was heard at Gourt- this-- morning, when David Davenport and Gcorgo Bowater (members of the Ashhurst-Poharigina Racing Club) were charged with contravening the. 'provisions'-of the Licensing Act by being on licensed premises after hours. Mr.. A. D. Thomson, S.M., occupied t-ho -.'Bench, SubInspector O'Donovan" prosecuted, and Mr. Cooper appeared for the defendants. The facts of tho case, as admitted liy counsel for defendants, wore that tho annual meeting of the racing club on. August 14 had llasted till after 10 o'clock —tho closing time of tho hotel—and' the constable had 'then" como in, and taken the. names of those .members who were not 'bona fide hoarders. .Tho evidence .-adducod showed that tho bar was closed when t-ho constable entered .the hotel, and tlicvo was no suggestion that •liquor was being sold after hours. His Worship, in dismissing the information, said that tho police were quite justified in -bringthe case. He ..was, however, quito satisfied with tho explanation mado by defendants, and was satisfied aloe from 'the evidence of Constable Watts and tho other witnesses that there was no evidence of drink. A' special provision was made in tho Statute for-such meetings, and it was a pity that tho racing club, in this case, had not taken, advantage oi it, and put themselves on'a proper footing. They had only thomselves to blame for tho troublo and exixmso they had "been put-to in coming to Palmcrston to defend ' tho case. Sub-Inspect-cr O'Donovan explained that tho two defendants only had; been proceeded against to test tho position.