MAGISTRATES' COURT.

Globe, Volume XX, Issue 1468, 30 October 1878, Page 3

MAGISTRATES' COURT.

OHRISTCHUROH. Wednesday, October 30th. [Before Or. L. Mellish, Esq., R.M., and J. D. Macpherson, Esq , J P.] Desertion.—A doo and Abdool, two Lascar seamen, were charged with dfsertingfrom the ship Akbar. Mr Inspector Hickson said he had telegraphed to Port Chalmers to ascertain the -whereabouts of the vessel, aa the captain was bound by agreement to take the seamen back to their'own country, and when he left Lyttelton he had left directions if they were apprehended they should be sent to any port of New Zealand the vessel might; be lying in. A telegram was received in Court, addressed to the Inspector of Police, from Port Lyttelton, stating that at present it was not known where the Akbar was. UntUr the circumstances, en the application of the police, the two prisoners were remanded for twenty-four hours. Pbuhk ahd Disorderly. Two first offenders were fined 5s each. Abson. —Alexander Cowan was brought up on warrant charged with arson. Mr Gre3son appeared for the accused. On the application of the police the accused was remanded until Monday, November 6th. Bail was allowed the accused in £IOO, and two sureties of £SO each. The Building By-Law Case.-Upon this case being called on, Mr G-arrick, who appeared for Messrs Eeese and Gee, applied to the Bench to state a case under the Justices' Appeal Act, as otherwise he had no means of proceeding, the fine not exceeding £5. He would put it to the Bench that there was a sullicient doubt about the reasonableness of the by-law to justify them in taking this course, The Resident Magistrate asked J)v. Foster, who appeared on behalf of the City Council, what he had to say. Pr. Foster replied that he had consented to the delay of three weekß, in order to enable the other side to move in prohibition, which, according to his experience, was the favourite mode of attack in these caseß, and he felt that if the case were now allowed to go off in appeal, it would hardly stand fair to the City Council. A good deal of evidence had been given as to the practice of the Society of Architects, which he was instructed they were now in a condition to rebut. Mr G-arrick said that he had no objection to any further evidence being taken that his learned friend might wish to put in, but he wished to try the by-law on its merits. It was ultimately arranged by consent of both sides that the Council should take judgmont and a nominal penalty in all the cases : the present appeal to be dropped, the Council to go dn enforcing their by-law. leaving it open to all parties to tako such proceedings as they might be advieed. Judgment for Is in each isafe was thereupon recorded, subject to the defendants paying into Oourt t)ip an in of 40s in two caßes, the amount of building fees.