RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume XII, Issue 1266, 20 August 1872, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

7 Monday, August 19. (Before W. H. Revell, Esq., KM.) i NUISANCES AND OBSTRUCTIONS. \ 5 Thomas Fullarton and John M 'Lean I were both charged with obstructing the . thoroughfare by hauling timber _other--3 wise than on rollers or wheels.' Mr i Newton appeared for the .defendants, f and statdd that permission had been: . given by the Borough Council to haul the c timber as it had been done. Sub-' r Inspector Hickson argued that the Mayor • or Borough Council could grant no p6rp mission to cause an obstruction in a public • street. If it were held that they could do j; so, they might as well grant permission B for furious riding, for furious dogs to be . at large, for throwing dead animals on the thoroughfares, for the breaking in of J horses, and many other nuisances. The , question had been tried and decided in r. Hokitika some time ago. The Magiss trate said the Borough Council, under the 1 Corporations Act, had the full managel. ment of all public streets for repairs, 3 formation, construction, or any other 3 necessary work, but it did not give them the power in" any way to cause or permit an obstruction in' a public 3 street. It was left open to them to make [ bye-laws for preventing obstructions, and j this they had. not done,-, therefore the Canterbury Police Ordinance" stepped r in, [ and it was not in any way repugnant to i the Act", The Corporation certainly'had [ .no power to give, authority to obstruct i the streets. Sub-Inspector Hickson asked that the Jowest penalty should be im- ,, posed, as these were the first cases of the ■ kind. The Magistrate said that as the r lowest penalty under the Ordinance was I 10s and costs, and he had no wish to im- . • pose such a. heavy fine, the 'defendants' r would be dismissed, with a caution. 1 James Brimble, for leaving his horse [ and dray in a public street, without leaving any person in charge of the same, was ' fined Is and costs.. f William Ramsay was charged with t throwing a tubful of slops on Mackay i street! The defendant said he was not aware he was doing wrong. Sub-inspector Hickson stated that the .roadway in front of the. London. Butchery, in which the i- defendant was employed, was constantly; covered with stagnant water caused by this throwing but of slops. Fined 10s and costs. : Chas. Seabrook was charged with having building materials on Mackay street, without, placing a, fence around the same. Charge admitted ; fined 6s and costs. Henry Williams was . charged with a similar offence in Alexander street. Mr Newton appeared for the defendant, and it appearediby the evidence that the .day the summons was served the fence i was, erected. Mr Newton submitted that the information must be dismissed, as there was no proof of the adoption' of the byelaws by, the Borough Council. Magistrate said he would not dismiss the -case upon such a technical objection. Upon being asked, in the usual way, what he had to say, the defendant admitted the charge, and was fined Is and costs. H. F. Syraons, charged with allowing a horse to wander at large, was fined Is and costs. — Edwards, for a similar offence, was fined 5a and costs. . ' \" ': , Thomas Brown, Thos. Hand well, Geo. Davidson, and Malcolm Millar were each 5s and costs for allowing goats to wander at large. ■•'■■■- Richard Snell, charged with being drunk, wa3 dismissed with a caution. John Smith, alias Harvey, was brought up on a warrant issued at Ross, charging him with embezzlement. He was re^ inanded to Ross. ABUSIVE LANGUAGE. J. Harris v.J. Johnston.— This was an adjourned charge of using abusive lanntase and the plaintiff asked that the defendant should be bound over to keep the peace. The case had been adjourned for the attendance of a witness, Robert Meiizies MLaren, who was present when the oftence : was said ix> have been com mi tied. His evidence may be shortly stated that he was present on the 7th August, when Harris came down street, and in passing v

the Melbourne Hotel some bad language was made use of by Harris to Johnston, but he did not remember a single vord Johnston said in reply. When he heard the words he left. Harris afterwards said he would call him as a witness, but for what purpose he had no idea. The defendant now said that when JEUrris .was passing his door he asked nim when he was going to pay for the calico he took out of his place, when Harris called him a d-T— • blackguard, and used other abominable language, to which he replied in similar terms.—- Augustus Hildebrand, who was present at the time, was called but did not appear. — The Magistrate said he thought the best way to deal with the case was to bind both the complainant and defendant over to keep the peace for three months, each of them in LlO, and two sureties in L 5 each. The costs would be divided between them. •