RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2022, 20 March 1890, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Wednesday, March 19. [Before C. A. Wraj, Esq., R.M.] unregistered dogs. W. S. Helena was charged, with having three unregistered dogs in his possession above the age of six months. Mr F. Wilson Smith appeared foi the prosecution and Mr White for defendant. H. N. Hiskens, Registrar of Dogs for the Geraldine Towu District, proved that the dega had not been registered in the Geraldine Town District for the present year. Knew defendent, who resided with hia wife and family in Geraldine, He was a drover, and usually carried on his business in the town. Was not aware from his own knowledge that Helem ever transacted business outside the town district. Hid been told by defendant that ho sometimes transacted business in the Mackenzie County and elsewhere outside the town. Constable Willoughby deposed lo defendant keeping the dogs in the Geraldine Town District. He was a drover, and sometimes took the dogs away with him. Mr White said there had been no infringement of the Act. The defence was that Helem was a drover, and his business was not carried on exclusively in GerUdine. The place where he resided mostv of the year was in Geraldine, but he also had occasion frequently to go to other parts of the country while carrying on hia business. On Ist February last he was in the Mackenzie County, and had been there some days before, and remained a week or so after attending to his business as a drover. He was accosted by the registrar for the Mackenzie County Council, who told him be would have to register his dogs, or he would take him to ixtnaru and compel him lo register them. Esther than be fined defennant registered the dogs, and now produced the receipts dated Feb. 1, 1890. This, Mr White contended, showed there waa do infringed mant of the Act. it appeared that tbe f dogs were registered long before the proceedxngs were taken, and the registrar for the town district had acknowledged in his evidence fchst he knew that the dogs were registered before the proceedings were!

yf • S' Helena, the defendant, sworn said he was the owner of the three dogs in question, and resided in Geraldine He was a drover. and carried on his business in different parts of the country, sometimes in one county, sometimes in another. Had to go outside Geraldine to make a living As a rule his place of business was where he got the most money. He sometimes tim!! tb r a and someth« M d t 8 "n f ° r h,mSelf - He Was ™ the Mackenzte County in the beginning of February last. Went there about 24ih January S ayed there a week or ten days. Was looking after sheep ha had bought, and was endeavoring to buy some S° r * rf- would bring the lotVoW While there the registrar for the district i d° "B W6re re § ist ered. Witness told him he expected the GeralfT D ,? oafd Won!d lo «k for him to register m the town district, as ha had safd /T d f Lere lßßt ySar * The registrar that T be did not Gare where they looked for him to register, ho would expect him fo pay (here, as witness was i n the district. Defendant then, to avoid being summoned, paid at once. To Mr Wilson Smith ; Did not intend to register bis dogs in the Mackenzie County when he went up, unless he was asked. Was certain he paid on Feb. Ist Was there a week or ten days. Had bis letter# addressed to Geraldine, and kept a banking account there, and dealt there sometimes. The Mackenzie County was his place of business for the time. Had been up there once since for throe or four days Went whenever his business necessitated. When iu the Mackenzie County was hying upon his friends. Had a meal where he could get one given to him, and if not bought one. Did not register hie dogs at the beginning of the year because he was not asked to. It was usual for the

registrar to ask a man if his dogs were registered. Was aware they should be registered at the beginning of tbe year, but did not register because he was never asked to. Registered last year in Geraldine. His headquarters in the Mackenzie Country was where he got a meal. To His Worship: My only place of settled abode is Geraldine, That is where I come home to. Have to pay 30s in Geraldine and 22a 6d in the Mackenzie County.

Mr White said it would not pay anyone to go there for the sake of saving 7s 6d. The case of the recent dog registration case in Temuka cropped up, and His Worship said this appeared on all fours, [t was the principle that was involved* There was no doubt that Geraldine, the place where defendant had his place of abode, was the place entitled to the fees, rather than the place whore be went casually.

Mr Whito said the Act said it was where a man lived or had hia place of business.

Hia Worship said defendant appeared to have no place of business at the Mackenzie (Jeuntry, but went about from one to another.

Mr White said this case and the Temuka one were not quite on fours, as defendaut had boen throaleaed with a summons to Timaru if he did not register. His Worship said if he bad registered at the commencement of the year, as he should have done, he would have bean perfectly safe.

Mr White said so little time had elapsed from the fees becoming due when defendant went up there that he thought he was safe.

Hia Worship said the question the town board no doubt wished settled was whether the dogs were registered or not. Mr White said he thought the board were entitled to recover the fees from the Mackenzie County Council. Mr Wilson Smith thought it might be otherwise.

Hia Worship said no doubt Geraldine was the place where the dogs should have been registered. Defendant had apparently paid the fees, and it would be only fair of them to hand them over to the town board.

Mr White thought they would if applied to. There was evidently no intention on the part of the defendant to infringe the Act.

His Worship said the fact of getting the dogs regiated a little cheaper looked just the least bit auspicious. The state of the matter now was that the dogs were still unregistered. The board might assist in getting the fees from the county council. Mr Wilson Smith said no doubt the board would make an application on defendant s behalf, but they could not undertake to obtain a refund of the fees to the board. The fees, if refunded, were not as much as the board were entitled to. His Worship said ha would inflict a nominal fine of Is. The dogs were still unregistered. Tn reply to a question by defendant, Hia Worship said that if the dogs were in the town district it would stand good all over the colony. Mr Smith asked for solicitor’s fees, and after considerable argument this was allowed.

His Worship said if there had been no defence necessitating the employment of a solicitor he would not have allowed the fee; but as a solicitor waa employed, necessitating a legal defence, he must allow the fee.

cirri oases. m • ?' i>ear P° int v - •John Blissott— Claim £1 9s, balance of account.- Judgment by default for the amount claimed and costs. J. Mundell and Co. v. H. Parker— Claim £2 13s Bd. MrF. Wilson Sraith for plaintiff. Defendant objected to several items in the account, viz., commission ou the sale of fowls and pictures, some coach fares. f nd B ,? air o£ boot,s * He etated he had objected on several occasions to plaint~ _ s clerk about the account being wrosg S. Y. Fergussoo, clerk to oaintiff, deposed to the account being correct. He had never received any objections* from defendant with regard to the account for th-® fnwls, pictures, tSrc., being correct. Robert Scott, driver of plaintiff’s .coach, deposed to the items for eoach fare being correct.

His Worship thought the objections were frivolous and gave judgment for the amount claimed and costs.