MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1685, 15 July 1879, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, Judy 14. [Before G. L. Mellish, Esq., R.M.] The following business was transacted yesterday after wo went to press:— Breach op _ City By-daws. —Daniel Wilcock, for driving across the footpath, was fined 5s and 2s costs. Joseph Dann was fined 10s for allowing a chimney to catch fire. T. Morrison was summoned for driving a donkey and cart across the asphalts footpath on the North town belt. The case was dismissed on the payment of 5a costs. Owen King was fined 10s and 7s coats for riding a horse over the footpath; Sydney Hunt, for the same offence, was similarly fined. W. J. White was fined 10s and 7s coats for tethering a horse in Cambridge terrace. Wandering Houses and Cattle.— George Lynch, William Hawkins, J. L. Sluis, O. McPherson, Wm. Scott, J. Miller, Michael Murphy, R. jßutcher, Geo. Osborne, and James Rowe, were fined the usual amount for allowing horses and cattle to wander at largo in the public thoroughfare. Breach op Public-House Ordinance.— Edward Ravenhill was summoned for selling liquor during prohibited hours. Mr R. D. Thomas for the defendant. There was no evidence that supported the case, which was dismissed. J. J. Munford was charged with permitting gambling in his licensed house, the Groavenor Hotel, on the 4th July. The charge was denied, Mr Thomas appearing for the defendant. The case was a trivial one, arising out of alleged throwing for drinks at “ Yankee grab,” which led to a dispute between the landlord and a man named Hood, who subsequently laid an information. The licensee was sworn in his own defence, who denied that he had ever shaken for drinks. The case was dismissed. Cruelty to Animals. —Samuel Gaunter was charged with ill treating a horse by driving him in a cab with a sore shoulder. The charge was not a serious one, and was dismissed. Breach of Railway By-laws. — J. Clark was summoned for trespassing on the railway line. The offenco was admitted, but as the defendant was a new arrival and had acted in ignorance, the case was dismissed. Breach op Hackney Carriage Bylaws. —Charles Hudson was summoned for plying for hire elsewhere than on the public stand. The offenco was admitted, and a fine of 10s with costs 2s was inflicted.

Light Weights. — J. A, Redpath was summoned for having light weights in his possession. Tho evidence of Mr Alison, the inspector of weights and measures, was conclusive, and he had, moreover, previously warned the defendant, A fine of 20s was inflicted, with tho forfeiture of the light weights. Thomas Lowo, similarly charged, was fined the same amount.

Tuesday, Judy 15. [Before G. L. Melish, Esq., R.M.] Dbunk and Disorderly.—A first offender was fined ss. Lunacy.—Patrick Smith was remanded to Lyttelton gaol for eight days for medical treatment. The defendant was suffering from the effects of drink. Illegally on Premises^ — Charles F. Anderson was charged with being illegally on the premises of Henry M. Qoodger. Constable Cleary stated that from information received ho arrested the defendant, whom he found sleeping in the stable of the complainant. The evidence was supported by that of the complainant. The defendant said he had received permission from Mr Q-oodger’s groom to sleep on the premises. James Smith said about a month ago he gave the defendant oermission to sleep in the stables, hut lad not done so lately. The defendant was sent to goal for forty-eight hours with hard labor. Causing an Obstruction. —Eleven fish hawkers named Keed, Dunbar, Brown, Lawrence, Eastwick, Butcher, Kavanagh, Browne, and Robinson were charged with causing an obstruction in the public street. Mr Garrick appeared for the City Council and Mr McConnell for the defendants. The case of Timothy Dunbar was taken first as a test case. Constable McCleary said on the 31st May last ho complained at the Court of the defendant obstructing Cashel street by allowing his fish cart to remain standing thereon. He ordered him to move on, which he did but came back again in a minute or two. Finally he refused to move on altogether. By Mr McConnell—l acted by the authority of the city by-laws. Mr Haskins, town clerk, deposed—The document I hold in my hand is a copy of the ■Christchurch city by-laws. It bears the seal of the Mayor of Christchurch. It has been acted on from October until the present time, Mr Garrick was about to put it in evidence, when Mr McConnell objected on the ground that the requirements of the Act of 1867 had not been complied with, and quoted from the Act to show that tho by-law was ultra vires. Mr Garrick admitted that the Act of 1867 was defective, as through the death of the late town clerk, Mr Gordon, he could not prove its validity. Tho Act of 1872 showed that tho production of tho Provincial Government Gazette containing the notice was sufficient proof that the by-law was in force. He quoted sections 339 and 340, and 342 of the Act of 1876, to show that in the course he had taken ho had followed all the provisions required by ttc law. Tho Act of 1878, section 9 and following sub-sections were passed especially to get_ rid of all difficulties of previous legislation in by-laws antecedent to the passing of the Act of 1878. This ho contended fully set up tho contested by-law on its feet, therefore ho asked for a judgment. The question of ultra vires was one that his Worship would leave to a higher Court. Mr McConnell replied, contending that the Act of 1878 only had reference to by-laws under the Act of 1876, and they were dealing with by-laws made in 1867. He therefore asked that the information should be dismissed. His Worship said clause 9 of tho Act of 1878, alluded to by-laws which were in force, but could a by-law be said to be in force when it was said to be ultra vires ? Mr Garrick asked that if his Worship had any doubt on the point he would take tima to consider it. His Worship said he would take this course, as he felt inclined to be against Mr Garrick on clause 186 of tho Act of 1867, with regard to the amount of penalty it was in bis power to impose. The case was adjourned sine die. Failing to Peovide.—Andrew Horne, arrested on a warrant from Timaru, was charged with failing to provide his wife and six children with proper means of support. The case was adjourned until Friday next.