THE UNSEVERED HORSE.

Temuka Leader, Issue 1469, 18 February 1886, Page 2

THE UNSEVERED HORSE.

When we published, a few issues ago, an article commenting upon the actions of the police, everyone that read it warned us that wo would be subjected to police prosecution the first opportunity that offered. It is remarkable that what the general public say invariably turns out true. What the public said proved true. We have been subjected to a police posecution, but their best turned out harmless. The Editor of tin's paper has a horse. It is not every Editor who has one, in fast, Editors as a rule do not own horses, but in this case, through the indulgence and kindness of creditors, there is a horse in existence which ostensib'y belongs to our Editor. Now this horse is very sensible, very respectable, and very good. He knows Ins duty, and he does it, and on one ever said bo was incompetent to do his duty. He is u native of New South Wales, and Ims Arabian blood in Ill's veins, ins sire being the famous Arab, Blackmail. On Thursday, the 11th of February last, this horse was caught by Constable Morion transgressing what the enlightened constable took to be law. In order that our readers may understand properly the offence of which the horse was guilty, and for which his owner was summoned, we publish the following plan of the place :

The horse, whs tethered, where the letter A stands, to afl ix hush, and Ins t-ther-rope *o measured that he could not get on to the front or main street, where the letter Bis seen. By looking at the plan it will be seen that there is an embankment between where be was tethered, and Wood street, and it was not expected he would go over this, consequently, the tether-rope was not measured so us to prevent him from going there. The horse worked his way down amongst the flax and went out on the bye-street, on which there is no traffic. There he was trying to make out a living for himself “ by the skin of his teeth, ” when Constable Morton came by and saw him. Now the constable has been reduced to pitiable straits lately. The community is peaceable, and quiet, and Constable Morton cannot find anything to do. To show his superior officer that he is looking after the town, he has tried to make work on several occasions, but a forced business never succeeds, it always ends in failure, and so it was witli the business which the constable tried to force. When the gallant constable came on the scone the horse was grazing where the letter C is in Wood Street. He had not gone out fully three feet on the street. Constable Morton’s heart jumped with joy when he saw him. He could not believe his own eyes at first, so ho pushed his helmet further over his eyes so as to assist his vision and to assure himself that the horse had real existence, and was no delusion. He looked again, shifted his position so as to get the sun out of his eyes, re-adjusted his helmet so as to agree with the change of place, and after spending a minute or two contemplating the object of his investigation he exclaimed ; —“lt is a horse, and it is on the street, too. Surely if Igo for that horse now 1 cannot make a mistake. I must succeed in getting a convic'ion there, anyhow.” lie walked down calmly and deliberately reassured himself that the object was a horse, caught a hold of his head-stall, and pulled the horse out on the road to the length of his tether, left him there and walked across to the office of this paper, and informed the Editor that ho would summon him. The horse was only three feet out on the street until the Constable brought him out. Ho walked down and laid an information that the owner “ did unlawfully tether a horse on a public street, to wt, Wood Street, within the boundary of the IVmuka Town Board District.” There is not a lino of this correct. Firstly, the horse was not tethered on The street; he was tethered about 15 yards away from the street. Secondly, he could not prove that the owner tethered the horse personally. And thirdly, there is no such place as the “Temuka Town Board District,” the proper designation being “ the Temuka Town District.” The information was therefore useless if put to a proper test. Tim case came before the Court yesterday, J. S, Beswick, Esq., R.M., being on the Bench. The following is the result: — J. M. Twotney pleaded not guilty to the charge of icthering his horse as above.

Constable Morton : Between 12 and 1 o’clock on the 11th instant I saw Mr Twomey’s horse tethered on the West end of Wood street. It was between 12 noon and 1 o’clock. The horse was attached to a long tether-rope tied to a flax bush on the Worth end of the section, and he was across the street. There was a man named McCann there, and I drew his attention to the horio and then went and told Mr Twomey. The R.M. : What land was the horse tethered on ?

Constable Morton : It was tethered on a blank section, but the horse was across the road.

His Worship ; Was where the horse was tied private land or on the road ?

Constable Morton : The horse was tied on the land off the road, but could get across the road. The horse was on the road and in the centre.

His Worship: The horse was on the centre of the road ? Constable Morton ; Yes. Mr Twomey: Was the horse in the road ? Constable Morton : lie was. Mr Twomey : Did you draw him further on the road 1 Constable Mortm: Yes. The horse was more than one foot on the road. He was 10 fefcfe. 1 swear to that.

Mr Twomey ; Was he grazing on the road ?

Constable Morton : He was grazing on the road, in the centre. Mr Twomey (handing the constable a plan of the locality showing where the horse was tied and where it trespassed on the road): Do you think that a fair plan of the place ?

Constable Morton : 1 think it was below the place marked on the plan where the horse was tied.

His Worship : Make a mark on the plan where the horse was tethered and where the rope extended to. (The constable did so and the plan was handed to his Worship although His Worship said it was unnecessary.) Mr Twomey : The tethered end of the rope was not on the street 1 Constable Morton ; Certainly not. His Worship : Do you understand the plan ? Constable Morton ; Yes.

To Mr Twomey : I swear there is is no embankment there. There is an open corner of the section, and there is a deep drop down to where the flax is. The horse was more than 10 feet on the road. I pulled him out to see how far he could go out on the road.

Mr Twomey: If you had no ill will against me, would you have summoned me 1

His Worship said the witness need not reply to that question, and it was unanswered. W. McCann : 1 recollect the 11th of February. I remember the constable drawing my attention to Mr Twomey’s horse being on the street. When he drew my atta tion to the horse it was about in the centre of the street. I saw the constable previous to that as I was going for my own mare. To His Worship ; Tha horse was then on the edge of the street. To Constable Morton: I was going down behind you on the opposite side of the street when I saw him first. I was going down to my own mare. I saw you going down. I was in my own yard when 1 saw you going down to the horse. My yard is about 2 or 3 chains or may be 4 chains from the place. The road f r om my place to where tlii horse was is not level. The street where the horse was is lower than the street where I was. The horses were lower down. The horse was on the road previous to you coming down. I saw the horse just before, and it was then on the edge of the road. The horse might have got down further. Mr Twomey : Your Worship, will you ask the constable to aland out of the way while I cross-question the witness ? His Worship : Not if you ask in that way. If yon ask the constable doubtless he will stand aside.

To Mr Twom u y : The plan produced is a fair plan. Tire embankment is there. I dirt not hear the constable swear it was not there. I saw the horse there. He was on the road, but I would not swear how far, I would not swear how far he was on the road, but I would rather swear he was not 3 feet than that he was. I saw the constable draw the horse out. I think the place marked on the plan where the horse is tied is correct. There is an embankment as marked on the plan. There is a narrow passage where the horse could get out. I do not think some hones would like to go there. The street is very little used.

To Constable Morton: I see very few drays go down that track, His Worship said he should go and look at the place before giving his decision.

J. W. Miles was called, but did not appear. Mr Twomey said he was sorry that Mr Miles was not present. However, he should call Mr Dyson, and he might state that his object was to prove that the bylaws were null and void and therefore the case must fall through. Gao. Dyson : I am Clerk to the Town Board. I produce the minutes. The by-laws were adopted at a meeting of the Town Board on July 10, 1884. The meeting was a regular monthly one. Mr Twomey said the by-laws should have been adopted at a special meeting, whereas they were adopted at an ordinary meeting.

His Worship: The witness says at a regular meeting.

The R.M. asked the witness to read the minutes. This he did, and His Worship then asked for a copy of the bylaws.

Mr Twomey drew His Worship’s attention to the fact that the police had not produced a cony, and that he objected to their being taken as evidence. His Worship said it did not matter, as a copy of the by-laws were always before tbe Court.

Witness: The by-laws were adopted on that date. It wis resolved on the name date that they should be printed. I believe they were printed oo the 2nd Aueupt.

His Worship : When wore the by-kws adopted ? Witness: They were adopted on July 10th.

Mr Twomey: la there any o'her reference to the by-laws in your minutes. Witness: yes. They were advertised on the 2nd August. Mr Twomey : Look at page 16. You said that it was resolved to advertise them. Was it not to print them ? Mr Dyson :It was. The by-laws were adopted on the 10th July, and it was resolved to print them on the same d tte. They were printed on August 2nd. Mr Twomey : Go to page 26 of the minutes. Is there anything there in reference to the by-laws ? Witness ; Only that a letter was received from the Colonial Secretary acknowledging receipt of a copy of the by-laws. His Worship ; You forwarded a copy of the by-laws to the Colonial Secretary! Witness t I forwarded a copy of the by-laws to the Colonial Secretary on the 11th October.

Mr Twomey ; They were not advertised again after they were received from the Colonial Secretary? Witness; A resolution was passed that an advertisement be inserted, and on Nov, sth it was decided to advertise that the by-laws would coma into force on Nov. l?th, giving 7 dear days, and an advertisement was accordingly inserted to that effect.

Mr Twomey produced a file of the Temuka Leader to show that only a short notice was inserted, not the by-laws. Mr Twomey; That it the official paper!

Witness: Notices of the Board are generally advertised in the local paper. Mr Twomey : That is the paper you always advertise in ? Witness : Not always, Mr Twomey: Were the by-laws adopted by special order 1 Witness: I suppose so. Mr Twomey; Do you know the proper mode of procedure on a special order? Witness; The by-laws were adopted by resolution. Mr Twomey: Were the by-laws advertised again, or did you insert a short notice ? Wi ness : A short netice.

To His Worship : I did not get back the copy of the by-la wg which I sent to the Colonial Secretary.

Mr Twomey said this concluded the case.

His Worship: Are you going to give any more evidence ?

Mr Twomey said he did not intend to do so as it was not necessary. The bylaws were ultra vires —null and void. He would first submit that the information was bad. Hs was charged with having tethered the horse on the street, whereas it was tethered 15 yards off the street. There was no proof that he had personally tethered the horse ; also, there was no such place in existence as the “ Temuka Town Board District,” the proper designation being the “ Temuka Town District.” With regard to the by-laws, clause 36 of the Town Districts Act says : “ The Board shall have power to make by-laws in manner provided with respect to Borough Councils by part XII. of the Municipal Corporations Act 1876.” The way to proceed was according to the latter Act aa set forth in clause 340 as follows: “ By-laws shall be made only in the manner and subject to the conditions following.” He would point out that the Sivvordj “ only ” resdered it imperative that the conditions should be observed. The first condition was “They shall be made by special order.” The way to make a special order was laid down by clause 30, sub-section 12, of the Town Districts Act as follows; —“The power hereby given to do anything by soecial order shall only be exercised as follows :—(A) The resolution to do such a thing shall be adopted at a special meeting ; (£) Such resolution shall be confirmed at a subsequent meeting held not sooner than four weeks thereafter; Public notice of such subsequent meeting, and of such resolution shall be given once in each of the said four weeks and a notice of such meeting sent to each Commissioner.” Turning to clause 3 he found the interpretation of public notice to bo to advertise in a paper circulating in the district. Not one of these conditions had been complied with. It was given in evidence that the by-laws wore adopted at the usual monthly meeting and not at a special meeting at all. The resolution was never confirmed, The second condition under the Municipal Corporations Act was: “ They shall be published in the Borough seven clear days before being considered by the Council, but may be amended before their adoption.” In this instance “Town District” would stand for “ Borough.” This condition was not complied with. The evidence was that the resolution adopting the by-laws was passed on July 10th, and that they were not advertised until August 2nd, They ought to have been advertised seven clear days before being adopted. The fourth condition under the Municipal Corporations Act was that_ a copy should be sent to the Colonial Secretary, and when he acknowledged the receipt of it the by-laws should again be advertised in accordance with subsection sof clause 340 of the Municipal Corporations Act. The fifth and last of the conditions for making them was as follows :—“ They shall be published in the Borough seven clear days before coming into force, and shall come into force upon a day named in such publication.” The evidence was they were never advertised after the receipt of them having been acknowledged by the Colonial Secretary', a short notice that they were coming into force being all the intimation, given. His Worship would ses that not one condition was complied with, and consequently he asked the case to bo dismissed. It was a very insignificant case at any rate. The horse had not gone three feet on the road, and would probably have gone no further only that Constable Morton brought him out. On the ground that the information was bad, that the by laws were ultra vires , and that it was a very paltry case to bring before the Court he asked that it be dismissed.

His Worship said it was most unfortunate that the questson of the validity of by-laws had come up at all. Halt of the by-laws in force in the country might be called in question. However, as the question had been raised he would hay® to decide it. He would not go into lie question now, and he should let the other things stand over. Without going into the question, however, ho might say is far as ho could see the by-laws were bad, and the only thing would be to dismiss the case and the police could take other proceedings. If Mr Tworaey would write out the authorities for his objection be would consider them and give his decision next Court day. W. McCann was charged with a similar offence on the same date. He pleaded guilty to the horse being on the road, but said he was going dowu to it when the constable came.

His Worship said he wouid give his decision in this case at the same time as he det.lt with the preceding one.

Cubed of Dhinkihg.— A young frr>rd o? mice wits cured of an insatiable thirst tot liquor, that had so prostrated his system that he was unable to do any business, He was entirely cured by tfce use of Am. Go’s Hip .Bitters. It allayed all that burning thirst, took away the appetite for liquor, made his nerves steady, and he has remained a sober and steady man for more than two years, and has no desire to return to his cups,—From a leading E. E. Official,

Hoiioway's Oinxmbnt abd Film.— Old sores, Wounds, and U;oora, Tae readiness with which Holloway's uiguont removes all obffruokion# in the circulation of the 10..4 U and lymphatics explains their imuistable influence in healing old sores, bad wounds and indolent sores, insure the desired e$ «oji the skin surrounding the diseased part should be fomented, dried, and immediately well rubbad with Qintumit. I’nis will giye purity to the foul blood, and strength tq the weakened nerve, the only conditions nacaj; sary fpr the cure of qll those qlceratjqns which render life almost intolerable,’ Ho sooner is this Ointnmnt's protective powers exited than the destruoiiv* priori oaasos, and the construe ive business begins—new, best hy growth appears to fill up tha lately painful excavated pits.