MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 906, 21 May 1877, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, May 21. (Before G. L. Mcllish, Itsq., R.M) Drunk and Disorderly. —William Bew, for being drunk and resisting the police, was fined 10s ; Joseph McGfuirc was fined 40s. for the first offence, and 60s for the second. George Thompson for drunkenness and assaulting the police was fined 40s. Archibald Menzies for being drunk and resisting the constable was fined 10s. William McCluskcy and McDonald for a similar offence were fined 40s and 20s respectively. Thomas Murphy, who had repeatedly been before the Court, was sentenced to three months’ imprisonment with hard labour. Six inebriates, who appeared for the first time, were each lined ss, and three others, who had been admitted to bail, 10s

Illegally on Premises. —David Grey, for being drunk and illegally on the Railway premises, was lined 10s. Larceny or a Dog.— Joseph Hannan, charged with stealing a young dog, valued at £3, belonging to John Wilson, Oxford terrace

east, was sentenced to one month’s imprisonment with hard labour.

Miscellaneous. —George Hefford, summoned for being drunk on May sth, and furiously driving a horse and cart up tire Whately road, was fined 10s. John Wilson, summoned for using threatening language to the bridgekeeper at Rakaia bridge, was fined 40s. For driving a wheelbarrow along a footpath, John Donovon was fined 10s. Henry Dodd and Joseph Gay, summoned for not being in attendance on their licensed cabs, were each fined 10s. For driving without sufficient reins, Wm Kidney was fined 10s. A case against John Falloon ’bus driver, for driving on his wrong side, thereby causing a collision with a hansom cab, was adjourned for a week for the attendance of a witness. A charge against George Patterson for being absent from his horse and cab, was dismissed. W. H. Davie, for tethering a horse on the Drain road, was fined 10s.

Unregistered Dogs. —For being the owners of unregistered dogs, the following persons wore each fined 20s: —H. C. West, Archd. Moore, Win. Smith, J. Dewsbury, H. Freeman, and R. Beattie. A case against the latter defendant for having a second dog unregistered was adjourned for a week. Horses and Cattle at Large. —For permitting horses and cattle to wander at large, the following persons were each fined 5s :—Wm. Williams, Joseph Andrews, Peter Pasche, Reuben Butcher, Wm. Smart, F. Hammond, T. Hazard, Wm. Dunn, and Hugh Taylor. Protection of Earnings. —Mrs A. Petley obtained a protection order for her earnings against her husband, W. Petley, on tlio ground of his habitual drunkenness. Breach of Health Act. The adjourned case was called on against Thomas Hancock for creating a nuisance with his soap and candle factory at Newtown. Mr Cowlishaw appeared for the Local Board of Health, by whom the information had been laid, Mr Wynn Williams appeared for the defendant. Mr Pearce, Inspector to the Board, produced the minutes of the Board relating to this question and also a petition to the Board, which had been signed by _ forty-one householders. The witness continued to say that by a minute at the following meeting (produced) the matter had been referred to the Health Officer, and on his report the present information had been laid under section 78. Witness had inspected defendant’s premises. They were very clean inside, but the smell of tallow in the vicinity was very strong and objectionablfe, and certainly a nuisance to the inhabitants in the locality. Witness would consider that this smell was injurious to health. The premises were at Newton, near the Railway gates, and the population was increasing rapidly in that neighborhood. In cross-examination the witness said that the premises were kept very clean. Did not know that boiling fat was injurious to health, but believed that all had not been done that might have been by defendant to abate the nuisance, as witness was under tbe impression that a high chimney would do a great deal towards abating it. Dr. Powell called, stated that he is medical officer to the Board of Health. Had inspected defendant’s premises on the Hth of April, and found them scrupulously clean inside. Had made a report a few days afterwards. [Report read, but has already appeared in print.] The witness further said lie had observed the smell of tallow strongly when in the vicinity of defendant’s place. As witness had said in his report, carrying on a manufactory of this nature must always be a nuisance in a thickly populated neighborhood. Could not give any practical information how this nuisance might be abated sufficiently to allow the business to be carried on. A number of residents in the ncighborhod of the factory called, gave evidence of the nuisance created during the operation of the boiling of tallow at defendant’s place. Some of them, their wives and families, had been made ill repeatedly when the wind was blowing in their direction from the factory, many of them on these occasions having fits of vomiting, and invariably loss of appetite. Several of the witnesses had been repeatedly (old by medical men that ( heir wives and families would never enjoy good health while this smell continued. One doctor had expressed bis opinion to a witness that the place was a d nuisance. The defendant., called by Mr Williams, stated that he had been carrying on Ins business at Newtown for about eleven years. He had had complaints about his factory, but not recently. Had made some iraproveuienl s to abate the nuisance, and purposed at once erecting a zinc tower to carry away the steam which was used in melting the tallow. If this steam were not allowed to escape on the ground floor, but were lead up high in tbe air before escaping, the nuisance would be very slight indeed. At one time witness used to melt tbe tallow in open boilers, but now they were covered, and the tallow melted by steam, and this steam created the nuisance complained of, which he purposed taking every practicable means to abate. Up to the present time witness had not taken all the practical means he could, or intended to, of reducing the nuisance. Mr Wynn Williams said he understood that the Board did not intend to press for a penalty, Mr Cowlishaw said he had seen the chairman that morning, who had told him that the Board did not wish to press for a heavy penalty, but they were of the opinion that these works could not be carried on without being a nuisance to the neighbourhood. Mr Wynn Williams submitted to his Worship if he could show that his client had taken all practical means of abating this nuisance then the action taken under section 78 of the Act must cease, and the inhabitants resort to their remedy at law. George Fletcher, called by Mr Williams, said he had had five years experience in London in a similar factory to defendants. The witness detailed the improvements that might be made by “wot” and “ dry” steam melting. He considered the best plan in the present instance would be to lead the steam up by a long line from the furnace which would mix with and be condensed by the accompanying smoke. His Worship said he would prefer adopting the course of letting the matter stand over to see what means would bo taken of mitigating the nuisance in preference to imposing a penalty. Ho was afraid the means proposed by defendant would not be a sufficient remedy. Mr Cowlishaw pressed for a nominal penalty, but his Worship said he would let the case stand over for three weeks and see what steps had been taken in the meantime. Case adjourned. Abusive Language. —A charge against J. •I. Donaldson for using abusive language to In's wife was withdrawn, and complainant was advised to lay an information for back payment of maintenance due her by defendant.

Ai’i’iLiATiox. — A ease of this nature against Samuel Miller was adjourned until the following day.