MAGISTRATES' COURTS.

Globe, Volume XXI, Issue 1664, 20 June 1879, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Feidat. June 20. [Before F. Hobbs, Esq., and J. D. Macpher•on, Esq., J.P's. Drunk and Disorderly.—Four inebriates were fired 5s each. Obstructing the Police.—John Streathern was fined 20a for obstructing a constable in the execution of his duty. Obscene Language.— Mary Wadsworth was charged with having made use of obscene language, within hearing of a public place, on the 20th May. Evidence was taken, and the offence being proved, a fine of 20s was inflicted. Breach of Railway By-laws.—T. 8. Lowis was fined 10a for getting on to a train while in motion. Breach of the Peace.—James Lynch was charged with fighting in the street on the 15th instant. The particulars have already been published, and the other party to the fight was discharged a day or two ago. It being proved now that the defendant proveked the disturbance, a fine of 20s was imposed. Breach of City By-laws. Patrick Flannary and John Rees were fined 5s each and costs for [allowing horses to wander at large. Abusive Language.—Mary Ann Barrett was summoned for making use of abusive languago to Annie Ward. Mr R. D. Thomas appeared for the complainant. This was an ordinary case of quarrelling between neighbours, and there was a great deal of hard swearing on both sides. The Bench were of opinion that the charge was sustained, and fined the defendant 10jCattle Trespass Ordinance. —C. L. Davios was summoned for that he, having within one month last past impounded a certain horse at the Prebbleton pound, did, on the 13th June instant, when the said horse was offered for sale by public auction by the pound-keeper at the said pound, purchase it, contrary to the Cattle Trespass Ordinance. The information was laid by Robert Brown Marshall, and it came out in examination that both complainant and defendant each bid for a horse impounded by the latter, who outbid complainant, and then out of retribution took out a summons. He afterwards, from research into the Act, was of opinion that an illegal act had been committed by the defendant in purchasing a horse he had impounded, and that if a conviction were obtained under the 22nd clause of the Ordinance he would be entitled to half the penalty imposed. William Rosser, tho Prebbleton poundkeeper, being sworn, stated that the horse was impounded on the 29th of May by the defendant. Witness advertised three times, and kept the horse sixteen days, and then sold it on the 13 th June. He was not aware that a breach of the law had been committed. Mr R. D. Thomas addressed the Bench on behalf of the defendant and contended that although a breach of the Act had certainly been committed, it had been done unknowingly. Very few persons were acquainted with the provisions of the Ordinance bearing on the point, and in fact he did not know that such an act as the defendant was charged with was a breach of it, until ho had consulted the Ordinance. This was tho first case of the kind that had ever been brought in this Court, and there was no doubt the complainant was actuated by interested motives, disappointment at being outbid by the defendant, and a wish to obtain half the penalty. The Bench were of opinion that although a breach of the Act had been committed, it was done in ignorance of the law, and without any intention to defraud. Further, the action of Mr Davis in bidding for the horse caused it to be sold at a higher price than it otherwise would have been. Marshall's grievance was, that Davis bid a higher price than he did, and hence the action he had taken. Under the circumstances the case would be dismissed by the defendant's paying costs. Breach of Slaughter-house Act.—J. H. Dingle was charged with slaughtering two pigs at a place not being an abattoir, and not being a slaughter-house within the meaning of the Act. Defendant admitted the offenoe, and was fined the mitigated penalty of £2. J. L. Pattrick was summoned for neglecting to keep his slaughter yard clean. The defendant had beon cautioned as to tho consequences of neglecting to keep the yard in a proper state of cleanliness. Defendant admitt 3d the off nee, but pleaded the weather had been too bad for him to keep the yard clear of mud. After hearing the evidence of the Inspector of Slaughter Houses for the Selwyn County, tho Bench inflicted a fire of £l, and cautioned the defendant to keep the yard clean for the future.