RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume XII, Issue 1474, 25 April 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, April 24. (Before W. H. Revell, Esq., R.M.) George Nicklin and George Eddington were, on the information of the police, charged with firing •scrub.ai»d~otlier-*t(ge-" tation in the town of Greymouth on the 17th ; ApriL ■. . >1 i •-. i>i H . i } Inspector Hickson explained that until recently-such informatiohs-^had^beenr'laid' under a particular. section- of the Municipal Corporations Act." According to a recent decision of the Court, however, the by-law #hich' 'had oeeri adopted ; undfef that section of the Act was declared null and void. There was no clause under/ which he could deal with such offence, and therefore he was compelled to fall back upon . the Canterbury Police Ordinance. The town of Greymouth had at one time been withdrawn from the Gold Fields, and the Canterbury Police Ordinance then came in. But according to the Gazette in which the boundaries of the town were given, it was expressly stated that these did not include the Native Reserves 31 and 32, within which the principal parts of the town are situated ; the town of Greymouth, as then known, extending only from Blaketown to Boundary street. The Municipal Corporations Act did include the Native Reserves 31 and 32, but the by-law under the same did not include the part of the Act deal-j ing with fires, and, though it was undeii stood that another f by-law .was tor be framed, there was no saying when it might be done... , ..>.••>•... .. .., , , The Magistrate remarked that the information appeared to have been laid as if the alleged, offence had been. committed within the town. Inspector Hickson said it w;as, and that the clause was very stringehti' He 'migjifc have laid the information under another 1 section, : which extended 'to any part of the County, but under that section he should have to prove-that 'the defendants actually endangered dwelling-houses or other property, while, under the clause mentioned he did not require to 1 prove that: '^If his W6Yship~was'oropinish that it was useless for Mar, to. go on with the case, he would ask to withdraw, and take steps to represent the matter to the County Chairman, with a view to having, the Canterbury Ordinance re-^gazetted. The Magistrate thought that, on the points raised, the case would necessarily fall through. Inspector Hickson said he was also disposed not to press the charge against the defendants, as they were not the only persons who had lately set? fire to inflammable material within - the town. . He; would have,taken action against all, only for the fact of his being in doubt as to the pperation of the Acts. The Magistrate, addressing the defendants, said |that the information- did not strictly apply, but they mishji have been brought up under another clause, had the Inspector been in a position to prove that houses had been endangered. It was necessary that care and caution should be exercised in such matters, especially on such a day as that in question, when a high wind was prevailing, with property in the neighbourhood. The information was withdrawn.