MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIII, Issue 165, 10 July 1878, Page 2

MAGISTRATES' COURT.

[Before C. Hunter J.\ Shbfhabd, and A. S. Collins, Esqs./J.J.P.'] Charles King'f or allowing his chimtfey-tp-. take fire was fined ids'and costs. • - ; n yx i^ Bobert Aitken, "a person duly licensed under tba: Auctioneers? Licensing Act; 4858, tocarry on the business^ of, an auctioneer witbin tbe City bf Nelson," was charged that he did on the 29th Jane exercise his business ss an auctioneer after the hour of 5 o'clock in the afternoon. k ' ' .-..'. Inspector Kiely, the prosecutor, put in the Act, but Mr Pitt, who appeared for the defendant, objected on the ground that the imprint to the Act only bore. 1 the names of C. and J. Elliott, and :not*. the words ','Gq--vernment printers for the time being." v " David JohUstOn, Collector of Custom^ de-' posed that be had issued an auctibrie'er'a license to the defendant. Mc Pitt objected Wthis as evidence stating that the license itself should be put in. Constable Cooper stated that he saw the defendant selling meat at public,' auction at 6.30 p.m. on 29th June; 1 ' - ~.' { ' r IyA ' ' '' " Cross-examined r The meat hi& come in late'froib Wahgaffui,l.and. : it :wa¥; Saturday.,; Warned Mr Patterson before Mr Aitken began to sell that be, had better, be cautious as, the penalty was very heavy. 1 It was not true that one of the butchers, 'in town, had told him to Jay this information. V William Rankin, bell-ringer, advertised tbe sale for 6 o'clock, and saw defendant selling by auction at half-past six* This closed the case for the prosecution, ♦v * *C ltfc eaid that he bad reason to believe that the information was not a bona fide one on the part of the police, but that it had aeen laid at the instigation of rival butchers, and on this ground he had felt justified in raising every possible objection, technical or otherwise. He contended that tbere was no

uufe o^ M&ti tinier *fch the tufa^ mation wife laid, asthe copy produced did hot } bear the imprint provided for by law did it : "^.jj^y.yery.latejy befh rated in the Cotirt 'i pf. Appeal that this was necessary. The ,' police should either haye put in the original . brdina\lce §i^aed bj> m SiiprinteHdeht dh have obtained acartificate from the Registrar that the copy put in was a correct one. He further contended that it had not been shown that the defendant was a licensed auctioneer as his license had not been produced. The facts of the case were that a Cargo of meat attired Idte dh Sittutday I . \'_W_*< Patterson am Constable Cooper and asked up' to wbat time it was lawful to sell, but the constable could not tell him, and. he then endeavored to . obtain a copy of the Act, but failed to do so. ■. Inspector Kiely contradicted what Mr Pitt had said about the information* and stated that the butchers had nothing whatever -to say to the matter, hut that ft was purely "a police pi'oseciitidn: The Chairman atdtedihatthe^Bench were-* of opinion that a;rery Ir^fhg;l*|eji(sljf^f th'ek law had been committed','' but^thM'ltfra* e^ds^ of Justice would be met by the infliction of a nominal fine of one shilling and costs. The latter amounted to,£l ss.. v _., v> . %&?■■«**