MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2515, 16 July 1915, Page 9

MAGISTRATE'S COURT

CHURCH OR DWELLING? A conclusion was reached at the Magistrate's Court yesterday, before Mr. I). G. A. Cooper, S.M., in the hearing of the civil dispute concerning tlie rating of a property at Jliramar, belonging to certain members of the Catholic clergy. Tho parties to the ' dispute were the Miramar Boroueh Council, plaintiffs, and Archbishop O'Shea, the Very Rev. Archdeacon Devoy, and the Very Rev. Fathers Lewis and Ainsworth, Catholic priests, defendants. Plaintiffs claimed £12 15s. Gd. from defendants, being balance of rates alleged to be due to plaintiffs for the year ended March 31, 1915, in respect to the property. Mr. T. Neave appeared for plaintiffs, and Mr. P. if. O'Regan for defendants. The case for the defence, was opened by Archdeacon Devoy giving evidence? Witness said lie was parish priest of Wellington South in which parish the properly in question vras located."" The building on the section was a. school chapel. During the week, portion of it was used for taking in pupils by a Miss M'Grntli. Defendants received no payment for this. On Sundays Mass was celebrated at 8 a.m., at which there was a large congregation. The building was not consecrated, as no place could be consecrated unless it was of. stone and free from debt. The building was blessed, however.

In summing up for the defence Mr. O'Regan submitted that the test as to whether a building was a church or chapel was the fact of, its beinj; a placo for public worship. The property in question was clearly this.'Mr. O'Regan further contended that the legal position as stated was not at • all effected by the fact that the building was used as a school by Miss M'Gratli.

In .reply, Mr. Neave said that when a building was used by a person 'as a school for pecuniary gain then it could not be called a church. Mr. O'Regan had not replied to his (Mr. Neave's). contention at the. opening of the case, in that if the Magistrate exempted the Miramar property .from rates, then any private houso in which worship was held could be exempt similarly.. The Magistrate reserved his decision.

.' POLICE CASES. (Before Mr. D.' G. A. Cooper, S.M.) Andre?r.To.seph Wilson and .Tames Hassail, who were at Greyraoulh, were charged with conspiring with some person unknown at Wellington to defraud Philip Byre of £9. Mr. T. M. Wilford appeared for Hassall and Mr. H. I'. O'Leary for Wilson. Bail was allowed in each case in .£IOO.

Alfred John Hellier iras remanded for iv lveek on n of being a rogue anil a vagabond in that ' a wots for.i>d by niglit vritliout excuse in a vard in Lombard Street.

.F 01 ', a civilian named David a trooper named Patrick M Andrew was fined £2 with thp alternai6 c seven (lays' imprisonment. A nno of ,£1 with tlie option of three aiP was imposed on Charles Albertson, charged with using obscene language. Jlary Saunders, an,old woman of 80 years,, was sentenced -to twelro months' imprisonment on a charge of being an incorrigible rogue. Edith Home was remanded for a .week on, a charge of dninkonneaa, o 'Similarly ~ph Barker was niiea 205., in thvtj days' imprisonment, and Henry Buriws '/ d 10s. 01 ' 48 hour.'?* imprisonment. Tliree firstoffenaing inebriates wero dealt with.