MAYOR’S COURT.

Evening Star, Issue 2864, 24 April 1872, Page 2

MAYOR’S COURT.

This Dae. (Before his Worship the Mayor.) STORING KEROSENE. R. B. Martin was summoned by Inspector Nimon for unlawfully keeping more than sixty gallons—to wit, one hundred and ninety-two gallons—on his premises, not being the holder of a license for that purpose under the Kerosene and Paraffine Oils Ordinance, 1863. Mr B. C. Haggitt appeared for the defendaut. Inspector Nimon said, from information received, on the 19 th inst. he saw an express go to R. B. Martin’s store. On the morning of the 20th he went to defendant’s store, and found eight cases of kerosene at tbe back part of the store, also eigh fc cases in an open shed in the yard. By virtue of the warrant lie possessed, he seized the eight cases in the yard, and took them to the Kerosene Bond, Constable M‘Mahon gave evidence that he visited E. B. Martin’s store on the morning of the 20th inst., and found eight cases in the store and eight in the yard. Mr Haggitt contended there was no case from the evidence of the witnesses, and no breach of the Ordinance in the manner in which the kerosene was stored. He admitted if the whole had been found stored in o .e place, there would have been a breach of the Ordinance; but eight cases were stored under one roof and eight cases under another. Such manner of storing was not a new thing, and it existed among the merchants of Dunedin to a considerable extent. There had been a similar case tried on the 26th of August, 1864, before the Resident Magistrate, on which occasion Mr Strode dismissed (he summons. The case alluded

to was a summons taken out by Sergeant Grennan against Messrs Mathesou and Campbell who were found to have stored iu their front premises four cases and in their back seven cases. Since then there had been no contrary decision made in any Court, and on the faith of that decision he considered Mr Martin had not committed a breach of the Ordinance in having his oil stored in separate portions of h : s premises. His Worship said in bis opinion the storing of the oil in the manner stated was clearly an evas'on of the Ordinance, and he could not see by that Act that any person could keep more than sixty gallons upon anyone premises. The word. “ place ” meant the premises occupied by one individual or firm, and it would be easy for any person to keep 400 gallons of kerosene if he were allowed to store in different parts of those premises. The Ordinance was framed to prevent any danger to the City; and if the construction put upon it by the learned counsel was right, the flimsiest division might serve to allow any quantity being kept. He must inflict a penalty of 40s, and the forfeiture of the oil seized. Mr Haggitt gave notice of appeal. James T. Mackerras was also summonsed by Inspector Nim on for having upon his premises more than sixty gallons, viz., two hundred gallons of kerosene oil, not being the holder of a license under the Act. Inspector Nimon said from information received he visited Mr Mackerras’s premises with a search warrant an I found 25 cases of kerosene oil. Accompanied by Constable M‘Mahon he seized 17 of the cases and removed them to the kerosene bond Mr. Haggitt appeared for defendant and urged in this case the keeping was not intentional but involuntary, the bond being closed and the .carter not at hand to remove it as was intended. His Worship said the same remarks would apply in this case as the other. There was no excuse and the fine would be 20s and the forfeiture of the oil. Mr Haggitt gave notice of appeal His Worship said the intention of the Act was in his opinion clear that not more than 60 gallons be stored upon any one premises, but in view of the decision referred to it would be as well that it be tried in another court. If the Ordinance required amending it might receive the attention of the Provincial Council. INDECENT LANGUAGE, Jane Monson was chaiged by the police with using indecent language in Great Kingstreet, and was fined 4Us and co:ts.