MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1378, 16 July 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, July 15. [Before G. L. Mellish, Esq., R.M., and J, P. Jameson, Esq., J.P.] The following cases were heard after we went to press ye-terday:— Dangerous Goods Act. —J. J. Fletcher was informed against for haring 170 gallons of petroleum without being duly licensed. Inspector Hickson pointed out that section 8 provided that where a person has more kerosene than he is licensed to hare, he is in the same condition as if he were unlicensed. The defendant admitted the fact, but explained that it was in consequence of an order having been countermanded that he happened to hare an extra quantity in store on the day that Mr Walsh called. As a rule, the bulk of his stock was kept outside the town. There were two other informations similar to those tried last week. The defendant pleaded that he was ignorant of the quality of the oil being such as it was. The evidence of Inspector Walsh showed that the flashing point of the oil was at 106 degrees. His Worship said he should treat this and the other cases as test cases, and that he was not inclined to put the Act in force. The penalty was £2O a day and forfeiture of the oil. lie should dismiss the cases with a caul ion, as the informations had all been laid on the day upon which those in the former cases had been laid. Mr Cowlishaw said that he appeared for several of the defendants, who were in ignorance of the quality of the oil. The fact was that the flashing point varied with the temperature of the atmosphere, and could easily be raised to the point required by the Act. H. 13. Q-ris-brook was charged with having petroleum for sale without being duly labelled, as required by the Act. Inspector Hickson here called attention to the point raised by Mr Cowlishaw on the former day, to the effect that storing kerosene was not exposing for sale. The license taken out by defendant expressly stated that it was for the sale of kerosene. He wished to have the ruling of the Bench upon the point. His Worship said that keeping did not mean exposing for sale, and notwithstanding what had been said he was still of opinion that the Act was intended more particularly for the retail trade, because accidents are more likely to occur there. There was no doubt, however,that the wholesale trader came under the Act, as 1,0 had said before. Inspector Hickson ca. I -iuv;lion to clause 16, which br an hr u provisions of the Act all v.'Lj - - , ~ ur cr.poso for sale.” His Worship ami ho was called upon to answer qu< s ions on spur of the moment. Answering thus, a..d not giving a deliberate opinion, he thought it possible that the inspector of weights and measures would have authority to test petrp-

leum which was kept lor sale in a licensed house, but keeping for sale would not be exposing for sale, otherwise a person storing oil on the Port lulls would be liable. Inspector Waldt deposed that the samples ho had tested gave a (lashing point varying from 103 to 106 degrees for Devon’s Brilliant. Cameron’s Diamond Brand gave a il-iehing point from 100 fo 105 degrees The Royal Brand reached 128 degrees. Ho also gave evidence as to the excessive quantities stored on several premises. Inspector Hickson called attention to the fact that the city by-law No, 11 allowed a larger quantity of kerosene to be stored than the Act allowed. His Worship declined to give any opinion on the matter until a case involving it actually' came before him. Assault —Throe unimportant assanlt cases were disposed of. Wilful Dkstruciion of Property.— Michael Downey, a little boy, pleaded « Guilty ” to setting fire to a gorso hedge. As the damage done was not very serious, the Bench thought a fine of 20s would meet the merits of the case, and made an order for that amount and cost s, 31s, Tuisday, July 16. [Before G. L. Mclluh, Esq., R.M.] Drunkenness.—One first offender was fined ss, and ordered to pay Is cab hire. Loafer. —Robert Park, who had been medically examined as to his state of mind, was brought up on remand. Sergeant Morrice stated that the doctor’s opinion was that the fellow was simply a loafer. He was well able to work, but preferred to be idle. He was sent to pruon for three months, with hard labour. Protection Order. —William Wharton was charged by his wife, Mary Jane Wharton, with crueltv. They hud been married only three months. She applied for a protection order, but it was refused. LYTTELTON. Tuesday, July 16. [Before W. Donald, Esq., R.M.] Creating a Disturbance.—John Hill was accused of creating a disturbance in a public plnce, and resisting the police in tbe execution of their duty. Constable Dinean stated that a fight took place in the right-of-way by the Saxon Hotel on Monday morning, and that when he tried to arrest the men the prisoner Hill struck him severely several timts; prisoner was drunk. Charles Brown, one of the men who was fighting, Fredcrick Goading, another man concerned in the row who attempted to rescue one of the prisoners, John Rowe who put on the constable’s hat whilst he was taking another prisoner, and hit him in a most cowardly manner whilst he was occupied, using the filthiest language at the time, were also brought up. The charge against Gooding was dismissed, Rowe and Hill were sentenced to seven days’ imprisonment, and Brown to four days. Larceny.—Hugh Williams was charged with stealing a quantity of wearing apparel from Mr Philp’s drapers shop, in London street, Lyttelton. G. B. Philp, draper, stated that on Monday he had two Geelong tweed suits hanging outside his shop with other goods, and about 5 35 p.m. he missed them. He afterwards saw the suits in Constable Bullen’s hands and identified them as his. Did not observe prisoner about his premises. Witness valued the suits at £7. Constable Bullen said he saw prisoner near the Highland House at 5.40 p.m. on Monday, and gave chase. Prisoner had a bundle with Mm. A Mr Jackson in the employ of Mr Philp told him the man had stolen some clothes. Mr Jackson and Mr Snoswell were wi'h him, and prisoner jumped over a fence by Mr Leslie’s. Snoswell went round one side of the house, and the constable the other, and prisoner was was arrested, beii g stopped by Snoswell who said to winesa (Constable Ballon), “This is the man.” Witness said “ Can you identify him as the man that ran away with the clothes. Ho replied “ Yes.” Witness then arrested accused, and cautioned him. Accused said nothing. Witness found the clothes at the side of Mrs Leslie’s house (the eastern side), quite close to the road. Mr Jackson, who was present, identified the clothes. By the Bench —Accused pretended to bo intoxicated when arrested, but was quite sober. The prisoner was remanded till Thursday, there being several cams against him