MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 832, 30 July 1910, Page 14

MAGISTRATE'S COURT.

(Before Mr W. (i. Riddell, 5.31.) THE RESIDENTS OBJECTED. . A HOUSE OF DUBIOUS TIMBER. Joseph James Moore appeared in answer to two charges: (1) With unlawfully commencing to repair a building without obtaining a permit, and (2) with allowing a dwelling to be used without first obtaining a certificate that the building was fit for habitation. Mr. J. O'Shea, City Solicitor, prosecuted on behalf of the City Council. Defendant pleaded not guilty to both charges. Mr. H. ■■ Morrah, a member of the City. Council, stated that lie resided opposite defendant's building in Sutherland Road, Maranui'. Defendant had purchased'an old house erected twenty years, ago in Courtenay Place, and the timber was "riddled with worms' and infested with bug's. That building provided timber for defendant's house at Maranui, erected without a permit, and ■which was nearly demolished by firo recently. The building had been patched up again since then, and witness had received complaints from a number of residents as to its notorious condition. The place, was now occupied bv defendant's son.

Ralph F. Drummond, City Council's building inspector, stated that the house consisted of three rooms—kitchen, living-room, and bedroom.. . The material used was partly new, and partly old, and the house had not been built in accordance with the provisions of the, by-laws. Further, no certificate had been given that the owner or anybody else was authorised to occupy it ■\Vitness added that about one-t'hirdl of the total timber was new, and, although the second-hand timber was old, it was Jiot "wormy." '

In giving evidence, defendant ad-, mitted that he had previously been convicted and lined in connection with the same building. Ho had applied for a permit, but, owing to some mistake, the application had beou returned. As to the construction of the house, he had the idea that the restoration of the damaged portion of the cottage was not equivalent to "repairs," as contemplated by the by-law. His Worship said that defendant might have been, misled in...this mat-

ter, ami might possibly have derived tho impression that, after the fire, the penalty imposed was final. It was, however, a continuing'offence, and the previous conviction stood only at and to the time at which it was entered. On the first count, defendant would be convicted and -fined £1, irith court costs 75., and solicitor's fee £1 Is., in default 48 hours' imprisonment. On the second charge, he would also he convicted and fined 10s., with costs 75., the alternative being 24 hours' imprisonment. A CORPORATION FIELD DAY. For leaving a vehicle unattended, with the wheel unchained, Walter Miles was fined £1, with 7s. costs, in default seven days' imprisonment. Dr. Hogg was fined os., with 7s. costs, for leaving building material on a street line without any lamp thereon. For allowing sheep ■ to wander, Patrick Cavanagh was fined £1, with 7s. costs, and solicitor's fee of £1 Is., .in default seven days' imprisonment. On a charge of. allowing, horses and cattle to be at large, the following were each fined 55., with 7s. costs: —John Stevenson, William, Henry Ballinger, George Bell, Richard J. Tarr, and/Alice Wickman. Florence Hall was fined 10s., with 7s. costs, on a similar charge. . For transgressing the building bylaws,, Ernest Alfred Osborne was fined 10s., With 7s. costs. INSOBRIETY. Mary M'Kegney, previously convicted, was fined £1, in , default seven days' imprisonment, on a'charge ot drunkenness. • Patrick Dillon was convicted and ordered to pay 17s. 6d. medical expenses, in default 48 hours' imprisonment, on a charge of being found helplessly drunk. One first offender, 'charged with insobriety, was convicted and fined os., in default 24 hours' imprisonment.