POLICE COURT.— Yesterday,
(Before W. FIUSER, Esq., IUI.)
Dbunkenness,—Willam Baker, John Allen, Hori, "William Weeks, and J. Penny were punished for drunkenness. Pbosecuhon Under the Dangeuous Goods A or.—Thomas Short was charged with keeping, within 50 yards of a dwelling house or building in which goods were stored, petroleum to the extent _ of more than 10 gallons, without being licensed so to do under the Dangerous Goods Act, 1869. — Defendant said the goods were taken possession of without being tested.-Mr Bullen said they were seized under the 17th section of the Act. —His Worship said the section did not authorise seizure without s warrant.—Mr Bullen said the kerosene had been seized, and it would be proved that it was dangerous goods.—His Worship said he had only got jurisdiction when the goods were seized under the provisions of the Act. A declaration had to be made that it was suspected that certain goods were dangerous, and then a warrant could be granted. There would be no security for any man's premises if that were not done.—Mr Bullen said that if it should turn out that the goods were not d mgerous, then defendant would have something to say as to the hardship.—His Worship said that defendant could not know but that his property had been tampered with. He would hear the case under the 6th section of the Act.—John Brooks Mason deposed: I am Inspector under the Public Health Act for the Borough of Thames. I know defendant. His place of business is in Vlary-street, as a grocer and general provision mirchaut. I visited his premises on the Ist. I found fivo cases of kerosene, about 40 gallons. I asked defendant if he had a license for the sale of kerosene, and he said he had not. I told him I was instructed by the Town Clerk to search for kerosene, and to remove it and test it. Mr Short said ho had acted entirely through ignorance—that he was not awaro it was necessary to have a , liconso. On the 3rd I was present when i Constable Graco tested thekeroseao. Two
tests wore made. The first time it threw off an inflammatory vapour at 106 degrees. The light was applied again at 109, when the whole mass took fire, That was the stuff I removed from Mr Short's premises. —Constable Grace deposed: I am Inspector of Weights and Measures. I received five cases of kerosene from the last witness, for the purpose of testing. I made three to ts, as directed in the schedule of the Dangerous Goods Act. The first test flashed at 100, and took fire at 109. The second test flashed at 99, and took fire at 101. I made a test the day after with another thermometer. The first test flashed at 98. and took fire at 101,-By the Court: All these tests were taken out of different cases. I took out of two tins. —Defendant said he got the kerosene from Auckland, and had no idea that it would not stand the test. He had intended to apply for a license, but had had to defer the matter for some time. He hoped the Court would take a lenient view of the matter.—His Worship said he was not permitted to do that. He would hear the next case before giving judgment.
Anothbb Case.—Uichard Onyon was charged with a similar offence.—Defendant said he held a certificate from the inspector in_ Auckland, to say that the kerosene which had been seized neither flashed nor flamed up to 110 degrees. It was the same importation of kerosene. He would ask for an adjournment, in order that he might obtain counsel.—His Worship said he would grant an adjournment if defendant wished it, but the certificate from Auckland would not assist him much. One part of a shipment might differ materially from another. He would adjourn the case until Saturday, and would also postpone the decision in the previous case until that day.
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Thames Advertiser, Volume VII, Issue 1852, 8 September 1874, Page 3
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662POLICE COURT.—Yesterday, Thames Advertiser, Volume VII, Issue 1852, 8 September 1874, Page 3
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