DOMINION NEWS.

Hokitika Guardian, 14 March 1928, Page 3

DOMINION NEWS.

.) (Ry Telegraph—Per Press Association. AN APPEAL CASE. s I’ALAIERSTOX N., Alarch M. (, Justice Ostler lias forwarded to the c . Supreme Court bis reasons for allow. e tl "' appeal of Keay ( Wood vilie Borough building inspector) against ~ the decision of llio Magistrate in io--0 fusing to convict (has. Forbes, ;1 , builder, of breaches of the Borough , building by-laws. Forbes is a builder who had a contract to erect building containing two shops with , separate entrances and a party wall. ’ Before commencing tin* work lie ap- [ plied to Keay lor a permit, producing plans and specifications. They .shnw- . I f,, l the party wall as wooden, which i was an infringement ot iln* by-laws. Keay did not notice (bis bul asked Forbes il the plans and specifications were in accordance witii the bv-iaw. Respondent honestly, but inistakingly. informed the Inspector that thev wen*. The, result was that the work was authorised oil condition Mini it win* executed in accordance with the building regulations. Keay did not observe any infringement of the by-laws until respondent erected tin* framework of the party wall. Jle thereupon served Forbes with a notice to remove the wall as it was not in eonfii'inity with the by-laws. Upon respondent declining to do so. Keav laid two informations against him. (1) for erecting a wall and the, other of failing to remove it after due notice in writing. The Afagistrate dismissed both informations, stated his Honour because ho felt himself embarrassed by a previous Supreme Court decision and it seemed that hut for that decision he would have convicted. There was a distinction, however, in the present ease. The scheme of the bylaws throughout was to east on the builder the duty of seeing that the [dans and specifications, were in accordance with the by-law. The permit was not a certificate that the bylaws bail been complied wifli. On the contrary, it expresscly warned the builder that it could not be held to .sanction any deviation. His Honour said he could see nothing unreasonable in such a course, ll wan tin* duty of the architect, or builder who prepared his own plans, etc., to make themselves familiar with the building by-laws. His Honour held the informations were wrongfully dismissed and the ease was remitted to the Afagistrate to fix penalties. FURTHER PARTICULARS. AUCKLAND. Alarch 11. The insurances on the fire at Abels j Ltd. are £22,100 in I lie New Zealand i Insiiraitei* Coy including £5103 cn l ( the building and CI7.(KH> on the machinery, stock and plant. The machinery valued at over £30.000 was destroyed, also vats containing 1(51)0 pounds of margarine and 701)* boxes of margarine ready for shipment. 7t was a most spectacular blaze with an I element of great danger which was averted by the plucky action of a fireman who raked out the fire from un'der a boiler working at verv high ,', ' i pressure, owing to tin* heal. ANOTHER RAILWAY SMASH. '

AUCKLAND, Alar, h IT, . There, was another railway smash tliis morning. Four wagons on a mixed train were derailed and overturned near \Yaitakere station at about 3.30 o’clock. The Wlmngarei

express was delayed. No damage was done to the permanent way. A LLEG K. D DEFA AI AT I ON. CHRISTCHURCH. Alarch 11. A claim for L'lOO damages for alleged defamation of character was made in the Alagistrate’s Court by Ray Taylor, a returned soldier and war pensioner of North Bench, against Emily Elizabeth Boseoe. a married woman. It was alleged that Airs Ros-i-on sent, a letter to the plaintiff's doctor saying:—“l will put you on vour guard. He is nearly always lrimk. As soon as you go lie isi on Ills bicycle next morning otf to a pub.” flu* defence was justification and absence of malice. MUNICIPAL CONFER KNCE. NELSON, Ain rob 11. The Ahmioipnl Conference opened at Colson this .morning, a large number >f delegates being present from all -.arts of New Zealand. A civic wel■mne was accorded the delegates by the Juror of Nelson (Air AY. ,T. Afoffatt). THEFT OF £1,400. WELLINGTON. Afnrch 14. A Post Office cadet, Charles AVilliain Jatthoivs, aged 18 years, pleaded 1 ruilty at the Alagistra te’s Court tolay, to stealing a canvas hag contain-* ns; £I4OO in £1 notes on Monday. AVilliam Arthur Melrose, clerk in the ’ost Office, stated on Alonday morning io handed accused a registered mail ,-hirh that day arrived from Raraton:n. including a bag containing a rolittaneo from the postmaster there. Charles Gamble, senior examiner in ho accountants’ branch, said accused ssisted in the search for the hag after t was found to be missing. Accused aid he had left the bag on his desk lie previous day. Detective* AlrCleininn said accused enied the theft, but later produced a inrccl from a wardrobe at bis home, 'he parcel contained £I3BO 7s 3\d. Reused said lie had sent £lO to* pay a !eI»L and spent £3 2s BJd. The £lO iad been recovered and accused bad igned an authority for the other mount to be taken out of wages duo. Accused was committed to the Suireine Court for sentence, on bail of j2o f ). Suppression of the name was oftised.