RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5368, 11 June 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, June 10. (Before J. O. Crawford, Esq., R.M.) SUSPICION OF LUNACY.

Peter Anderson, a German, was brought up on a charge of being suspected of lunacy. Sergeant Smith stated that prisoner had been seen in a state of drink for the last fortnight, and on Sunday ho was arrested by Sergeant Price in the act of throwing himself into the sea. Sergeant Price deposed that on the previous day the prisoner was conducting himself on the wharf iu a most extraordinary manner. He was walking along the side of the wharf, and seemed as though he intended to fall into the water or throw himself off the the wharf. His (the sergeant’s) attention was called to prisoner by several gentlemen, and ho (witness) put it down-either that the prisoner was laboring under the influence of excessive drinking, or was not able to take care of himself, When he arrested him the prisoner at first declined to proceed with the sergeant, stating that he had fought ..in the FrancoPrussian war, and would not go to prison. In reply to his Worship, the prisoner said he was not under the influence of drink. He was working for Mr. Coogan, of Willis-street, and had been at work up to six o’clock on Saturday evening. He certainly became a little excited when he was taken into custody. The prisoner was remanded iu order that Mr. Coogan might be called as a witness. At a later period of the day Mr. Coogan was examined as to the prisoner’s habits) and his Worship dismissed the case with a caution. DBONKENJJESS. Live persons were dealt with in the usual manner tor offences of this nature. THE CITT BY-LAWS. A number of cases were set down for hearing in which the defendants wore charged with breaches of the city by-laws and Municipal Corporations Act. Amongst these cases were four for breaches of the city bylaws, in depositing timber on the public thoroughfares, the defendants being Messrs. W. Mabin, James Collins, Robert Hardin, and Charles Taylor. Mr, Goodman, of Lambtonqnay, was also summoned, and answered to his name when the case against him was called on. Mr. Travers : I desire, your Worship, to withdraw all tho informations for breaches of the city by-laws, in order that we may lay fresh informations under the Constabulary Perce Ordinance.

His Worship. I have some doubts as to that Ordinance. I remember the question arising in regard to it some time ago, and the impression left on my mind was, that the Constabulary Force Ordinance was an Ordinance enacted before municipal institutions were established; and that after municipal institutions were established it would be reasonable to suppose that, as far as things were suitable, the Municipal Corporations Act repealed the Constabulary Force Ordinance. Mr. Travers : No, your Worship, not until the by-laws came into force. There is a defect in tho machinery, so far as we know. Under these circumstances, we shall proceed under the Constabulary Force Ordinance, and leave the defendants to prove that the by-laws are in force ; and if they do so, aU the bettor for ns. We shall proceed to prove that tho Constabulary Force Ordinance is in existence and operation. We shall lay informations against these parties, and what wo shall have to do is to throw the proof upon them as to the existence of tho by-laws. Your Worship will not take notice of any by-laws units they are actually proved. His Worship : With regard to timber on tho street, that is provided for by a clause in the Act. . , , , ' . Mr. Travers : No, sir ; by by-law. Under the Constabulary Force Ordinance, wo shall ask the police to seise all material on the street, if the people will not adhere to the by-laws. The Ordinance authorises seizure and forfeiture If the materials not removed. A constable may require a person to remove

material oil the street, and if not removed within a reasonable time the material is subject to seizure and forfeiture, and the party offending to a fine of 405., and So that what we shall do with the builders is io withdraw the present informations, and lay fresh informations against them under tho Constabulary Force Ordinance. His Worship : Then I shall dismiss these informations. Mr. Travers : Yes, if you please. I resh informations will be laid under the Constabulary Force Ordinance. His Worship : When will you he ready ? Mr. Travers ; On Thursday. His Worship : Not before '! Mr. Travers : No, your Worship ; wo shall lay tho informations to-day, and proceed under the Constabulary b’oree Ordinance.^ The cases against Messrs. Mabiu, Collins, Hanlie, and Taylor were then dismissed, in order that fresh informations might be laid under the Ordinance referred to by Mr. Travers. Mr. Travers : With respect to the other cases we shall be under the necessity of laying an information for an indictable offence in the nature of a nuisance. Mr. Goodman (one of the defendants) : I should like you to deal with my case to-day,^ Mr. Travers : We cannot proceed with it. If people choose to question tho by-law they must take the consequence. People don’t seem to understand that these are made for tho general comfort and convenience of the whole public, and some ill-dispositioned persons, knowing that these by-laws are made for the comfort and convenience of the public at large, seem to glory in the idea that to upset those by-laws is to do a great thing. Under these circumstances, we are obliged to make it an indictable offence, and we shall push for the penalties to the very utmost. Mr. Crawford : Very well. Mr. Travers : Therefore, if Mr. Baker will come in, we will lay the information at once ; that is the short and the long of it. BURGLARY. John Smith was again brought up on remand, charged with having committed burglary at Miss Greenwood’s residence on the Terrace. Inspector Atohesou said that Detective Farrell was still unable to attend through illness. The case, however, would be proceeded with on Monday next whether - or not Detective Farrell was able to attend, and the witnesses for the prisoner would get due notice thereof. The prisoner was remanded accordingly till Monday. CIVIL CASES. A. O’Malley, v W. A. Baker, £l6 55., judgment for plaintiff ; W. Jacobs, v J. Back, £9 4s. lid., plaintiff non-suited