MAGISTRATE'S COURT.

Taranaki Daily News, Volume XXXXV, Issue 182, 4 August 1903, Page 2

MAGISTRATE'S COURT.

Monday, August 3rd.—Before Mr. R, L Slpuford, H.M.

CRIMINAL BUSINESS. J P.arce was dinged with being drunk in on Saturday. Ho pleadod guilty. A fino of 5s and costs was isiflic'ed, CIVIL BUSINESS. Oommissiooer of Taxes v. A. G. Bishop, cliim £2 15*. No appearance of defendant. Judgmenb for amount [ chimed and costs ss.

PROTECTING THE FORESHORE, New Plymouth Harbour Bjard v. J. H. Oolesby, chhn 15s, for stone taken off the b inch on 15-b and 17th July, contrary to resolution of the Board, nod £lO for trospii'-s.

M.' Q ulliam (G >vett and Qailliam) pp. area for the Boar J, and defendant c nducted.bis own case.

W. Nichols stated he was employed by the Bu.rd to wa'c'a the beach. He sw P. S ffl t, who was employed by! defendant taking s.one off the beach near Waiwakaiho. r>jffiet took gravel first to a spot on the bßaoh and then ire got a load and want to Oolesby's yard/where there were 50 or 60 loads bads of gravel, This was on July 15th. On July 17th Sifflet wasonthe each again, and carted the stone to with S ffl st on the sreond occasion. The* stones were taken balow high water mark.

By defendant: He did not consider it was his duty to tell SiflLt that he was doing wrong.

Defendant olaimed that the stone] was taken above nigh waiier mark on a native reserve, He pleaded that he was ignorant that he was doing wrong, 0. Eennell, Secretary of the Harbour Board, stated that the Board had continually given notice prohibiting the removal of stone from ths beach. There bad bsen a good deal of trouble about it. The Railway D pirtment had wirned the Board abous allowing removal of stone, and threatened to asI sume control of- the beach.

P. Sflbt, a driver for defendant, rave evidence where ha got tbe stoae off'the beach above'the bigh water ■nark.

J. H. Oolesby gave evidence that he hnd removed awme some two chains above high water mark on a place that he considered was not tbe property of tho Board. He had some 50 loads or m in his yard. He had carted stone for the Birough. Mr Qailliam asked that the Court should give judgment for the full imcunt claimed.

The Chairman reported having con-1 ferred with the Borough Council relative to the agreement as to upkeep of the county road at Filzroy in lieu of fe?s for hewy traffic, and had arranged that the agrebmeut hhould last for 10 years when the qu'-stion D 9 again considered.—Action confirmed, the agreement to be drawn by the County solicitor, eaoh pirty to pay half cost, It was decided that unless the amount due by the Opurake Town Board (£103) was pud by the 20th imt., the so'imtor be instructed to recover samp.

The S.\l. said the mitter was a very serious on?, and by advertisement and in other ways the public had beea warned. Judgment would be for the full amoun". chimed, and had more beea cliim d he should have given jadg'iient for it. Judgment would be or 15s for removed, £IQ for I respass, and £2 costs. ANOTHER CASE. Same v. W. J. Rus ell. Claim 10s f >r gravel removed, and £lO for trespass. Mr Quiriam, for plaintiff Board, said, this cast was quilfied by the faoS that th? charge was f r taking grave', for which a permit ciuld be procured, but |the charge was f>r taking two loads under a permit to take oae only. This had been going on for some time, A permit was goi for one loid, and several loads were then taken,

Mr Makne, of Ma'one, McVeigh aad A' derson, for defendant.

Called by Mr Quilliam, VV, Nichols iava evidence that he saw defendant's snn cart gravel off the beach on July 16th and 17' h. The gravel was removed from below high water mark. He accosted the youth, who referred him to his father.

It was elso decided to forward to the Stratford County Council a copy of the proposals as to t ; ie rebuilding of the Waipuku brijga, The Chairm in reported that under the Town and R ad Districts Bi 1 now before the House it was proposed to give grea'er powers for striking raVs, and ha considered that was not; desirable.

By Mr Malone ; Did not s?e Russell !o:d up, bxfi was certain where the gravel came from. Witness indicated the spot on the plan, which was below high water mark.

0. Rennell said defendant had no permit to remove gravel on the 16: h July, but had one to remove one load only on the 17th.

Mr Malone staged that the defence was that W. J. Russell had a permit to remove gravel on July 17th, and the second load taken that day was a load -hat had bven tipped above high water mark in March last.

Sydney Russell give evidence that on July 16th he was emp'oyed all day at the Whiteley township along with Qeorge Ellis, and was not on the bea >h ihat day. On July 17th he removed one load of stone under permit, and a s«cond load that had been placed above high water mark some two months or so ago. Ha remembered July 16 th because it was Arbor D iy, George Ellis seated that young Russell was shiftiog earth, with him at Whiteley township on July 14tb, 15ib, and 16th, from 8 a.m. till 5 pm. W J. Russell gave evid nee in support of the p -evicus witnesses. W. Nichok, recalled by the S.M., said he was certain young Russell was on the beach on July 16tb, at 10.30 in the. morning. He was positive about the date, as he swept a chimney at the llenui that day, and he ulso made a note in his book. If h i was to be hanged that moment he w.-uld not go back on what ha on Ju'y 16ib, and that was young Russell car.ir.g gr»ve! from the be <ch in the morning,

Mr Malone submitted the evidence was In favour of hi* client.

Mr Qui'liam cont=nd«d that Niobuls bad made a note of the dite at th rim* s , aud such a guide to memory to be accepted with re_a<.d to July 16 h. The tvidenoe as to Ju y 17th was cloir against Russ;ll, Hiß Worship eaid Nichols was a public officer aud he believed his statement, as hj) had always found him accurate, and, more-over, ha had made a note of the dite at the time. He did not infer that the other side had committed p-rjury, but Nichols' statement! was the mors) reliable. Judgment would be for 10s for gravel, and ifilO trespass and coats £2 12a. Mr Mxlone asked if he could have leave to appeal. His Worship : No; I think no*. Mr Malone protested that it was a miscariiaga of justice The S.M. was ascertaining tho costs which he said would be divided between tha parties, when Mr Malone made some furth'-r remarks causing the S.M. toexekim in very tone " Don't interrupt." The cists having bean settled. Mr Mtlone again ask*d for a hearing.

On the metion of Or. McDonald it was decided to forward the Government a pro'est against the Bill. The Riding Foreman's reports were read.

It was decided to authorise 100 yards of metil for the Junction roal, tenders to be called for supply of same; that application be m»de to the Ro.ids Department for a reimbursement of outlay on the zigzig; that the members for the district ba asked to see tbat the grant for the balance of the Junctionroad mmaliing ba available; that G. Walker's action in letting carting contract to L OUon at 3s 9d per yard be confirm d; tb.it the application of the M*ketawa factory for a few loads of earth at the factory be granted ; that timber for repairs to the Waioogona bridge be obtained if needed ; that the bridge carpenter be asked to report when he will complete the Ngatoro bridge as the Council is anxious on the fiubj c r >; that tenders be oUled for earth work at the Ngitoronui bridge, half now and the btlacc? when required ; that ten 9-inch p'p>s be authorised for culvert at Bell Blook ; that extra as-htanoe for 10 days be allowed the Waitara foremao ; this Mr Holmes, junior, be paid 83 per day whon spreading metal; that Or. Andrews confer with the Waitara foreman as to the repair of damage by flood near Sentry Hill; that the Telegraph Department be requested to remove about 8 poles at Omata and place them back to the fence line, as at present they are in a dangerous position.

The eng'ne-driver reported working the crasher 11 cUys and crushing 728| yards. He asked that two (Oits be put in at each depot, ons to pall the orusher in and the other to pull it out. A jaok was also needed. —Pos's authorised, and inquiry to bB made for a jick. The bridgH c irp?nter reported on the Timiru, Oakura, Plymou'h-road, and Hurfordroad bridges. It was decided that biidge' ioi bar and rods be obtained for bridges in the Om ti R ding; that p ices be obtained in all casts of work of any s : z9; thit the question of timber for tbe Waiwakaih > tie deferred.

The plans, specific itions, and estimates for the Henui bridge as submitted by the Bjrough Council were hid on the table, together with a letter from the Town Ol«rk, in which he sated that ths Oouiity should bear half the cost and intimating it w« the intention of the Barougb to apply to the Governor for pwer to cona'ruot the works and reaover half the cost from the County. It was decided that tha Chairman should wait on the Borough Council and explain the County s position aod views on the mitte;, aod ia the event of the Borough not giving wty then the Ohairann and Clerk be authorised to prep ire obj ictions to lodge against the proposal. A dtputation from the Moa Road Boird, consisting of Messrs Trimble (chairman) and Taylor, waited on the Council with a request for a contribution towards the expense of repairing the Dudley-ro >d, coi i quant on damage by the Council's traction engine going over Ih>.t road. They submitted a report from Messrs Orb ill and Mackay estimating the dam ige at £lB Or, Gray moved, that tin Oounoil is unable to aco ;i!e to the request. Seconded by the Chairman. Cr. Brown moved for a grant of £2, Seconded by Or. Hill. Afkr considerable disoucaioD, in which it was pointed out that the work donj !>y the engine was for the benefit of the setthrs, and that the adjoining public bodies should recognise the princip'e of mutual cooperation, the amendment was lost and tbe motion

corned. Consent was givsn to a mortgage. It was decided that the Karipiti bridge be made 33 feet wide, the Inglewood Bjrough to contribute half cosh.

3he Omtta foreman is to be insfcruo ei t j report en the approich to tlie K >ru-road.

Tha Sanitary Inspector's report was rt-ad and his account for futmg tion, otc, was ref-rred b*ck to tin dep»rt mant for colUodou from the individuals.

A sl* ugh tar lioenae was granted to T. E. Surrey. A. E. Buckingham's applio>tion fir a li-a e of a 8 rip of land near W'ipubu w*s referred to Or. Brown to repir upon.

The Egraont County applied for the lieensa fee of the Rshobu Ho'el to be paid to thorn. I>. was decided to furnish the police and the County fotemea with a copy of the bye laws. Accounts amounting to £743 lis 2d were p?ss-d, Or. Gray gave notice of mo'ion tha' the Council ousid-r the number or msn employi>d with a viiw of pajing a uniform wage and reducing expenditure. The Council rose. SPSOIAL MEETING, j A special meeting of the Council wan held to stiika ra'uaand consider and confirm bye laws for heavy traffic. A formal resolution was pissed confirming the resolution levying rate? adop'ed at the previous meeting, and Mfssw Ok y and Hill were appoin'ed to sign the rate book. Th» Chairman reported that no rat would be receivable Miis yen- from tht< Set'lnm-nt, a loss ot abou' £6O to i he Cuneil. j It was decided to apply to 'he fl v-rnmrnt for a piynvu'. iu lieu of she rate, r.s tlw Settlement h.'id not beer, disponed' f, and no rates could bi> levivd in he unle' !aud*>. HEAVI HUFFIC! BYE lAWJ. Olaus 9 w a alterei b toe ea*in? the minimum penalty for offences after the first to £5 ana the maximum to

His Worship faid he would think it over and give an answer oa Wednesday.

! Mr Malone Slid he hopel His Worship would ullow an appeal, itherwi-e h:> wv-u'd havn tot'«ka up a very strong position, one hj« would be very loath tu *ake up. He would h*.vn ?oe<tiKi>'er the matter of appearing before His. Worship in Ocurt. ( The H.M, said «' That is yemr afj.ir " i And adjourned, the Uourti.

TARANAKI COUNTY COUNG'L, I OUuie 12 was also ato-nded, filing The Council met on Monday. Present: offence at £5. Messrs Okey (chairman), McDonald,, Glauses 3 and 4of the schedule were Brown, Hopso->, Gray, Hill and' altered to include " s*wn timbar." Andrews, I Clause 6 was altered to read: "On

each junker or timbar waggon carrying 104 or sawn timber, if driwn by 3 or more hoists or 6 or more bullocks" _ A new ckuse was added dealing with coovoyai;ceß, The bye-laws were then confirmed.