RESIDENT MAGISTRATE’S COURT, CROMWELL.

Dunstan Times, Volume 640, Issue 640, 24 July 1874, Page 3

RESIDENT MAGISTRATE’S COURT, CROMWELL.

Pr id ay, July 17. (Before W. L. Simpson, Esq., R.M.) Breach of the Licensing Ordinance.— Robert E. Dagg, of the Clutha Hotel, Cromwell, was charged with permitting disorderly conduct to be carried on at his licensed house. From the evidence it appeared that some of the boarders were having a little harmless chaffing ; but one, either in jest or earnest, had challenged the other to “ mortal combat.” The Bench considered the charge proved ; but, owing to the surrounding circumstances, and the generally orderly conduct of defendant and his house, would impose a fine of ss. and costs.

Dog Act. —Mr Starkey was charged with having au unregistered dog in his possession ; but it being proved that the Corporation were indebted to him in the sum of 13s. (id., and that in the month of April last ho had instructed the Town Clerk to to he out a license, and pay for it nut of that sum, but which that gentleman had inadvertantly omitted to do, the case was dismissed.

James Corse, M.D., with James Dawkins, Esq., Mayor, and sixteen others, v eto charged with a similar offence. Mr C wan appeared for the defendants named and nearly all the others, and stated; before the eases were entered upon, ho had one or two objections to mge. The Dog Nuisa’iceOrdimiuce, 1562, made the penalty not less than 40s. nr more than 51. , and Sectirn 3 of that Ordinance provides that every deg shall be registered at the Policeoffice of the district, or at such other place as the Superintendent might appoint in the 'district ; but this conferred no jmwor nor did it vest any right iu the Police to sue for license fees accruing to the borough, ashy'the Otago Local Revenues Ordinance of 1872, such fees were made part of the ordinary revenue of the Corporation (ace See. 3), and persons residing or carrying on business within the limits of the borough are cnly bound to recognise a duly authorised collector, while those who lived outside the limits were l-.iund by clause 3 of the D,.g Nuisance Ordinance. The mode iu which the collector for the rate was to bo appointed was olearly defined by .Section -13 of the Ot.aao Municipal Corporations Ordinance, 1805, which appointment must be made under the hand cf the Mayor, and ratified by the Seal cf the Corporation ; and as the sergeant of police had no such appointment, lie was not in a position to sue—acting without authority cf the Coiporati oi, to which holy the fines, if impose 1, would revert ; and ho thought it was clear that the Otago 51 avenues Ordinance contemplated and did constitute these sums so raised as ordinaly revenue. There was nothing in the Town an I Country Police Ordinances that authorised the police to rcc >ver, although, singular to relate, there

were a number of c(fences specified for which they could sue—even a carrier or cartel plying without being licensed—but not a word as to collecting a dog tax. Both iho CoiY.'ivatiou Ordinance and Revenues Ordiinnae were of much 1 itor date than tha Dr.; Ordinance, ami in the Revenues Ordinance the Dog Ordinance was specially incorporat d and particularised in the schedide. He submitted that it was the duty of the collector to have waited upon the citizens, as had heretofore been the custom, and not to have let them be pounced upon without wa'iiing. Soigrant Cassells intimated that he did not wish to press the cases, as the dogs had, since the issue of the summonses, been registered. s orsli p mint over-rule the objections. He would allow the eases to bo withdrawn ; but would order defendants in each case to defray the costs of Court, as be thought they had labored under some misapprehension ; otherwise, he would have inflicted a penalty. In future, be hoped that the police would consult the “local authority” before taking

Civil Casc.—Talboys (Secretary to the John Bull Gold-Mining Company) v. John Alves. —Mr Cowan for plaintiff. His Worship gave judgment for the amount claimed and and costs, with professional fee. There were one or two unimportaut cases, and tno Court then adjourned.