RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1772, 7 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT. ("Before W. Feassb, Esq., 8.M.) DETJNKINNBSB.

William Baker was charged, with having been drunk and disorderly on the Parawai Boad, on the 6th instant. Defendant pleaded guilty, and was fined 20s, or 48 hours' imprisonment. ' - John Allen wai called to answer, a charge of being drunk and incapable in Pollen-street, Grahamstown, on tjie sth instant. He forfeited his bail by non* appearance. ' tlori, alia 3 Nepih&na, charged with having been drunk and disorderly in, Owen-street, Grahamstown,- on the sth instant, pleaded guilty, and was fined 20s, or 48 hours'imprisonment. William Weeks, who was imprisoned , on the 6th instant for being drunk and incapable in Burke-street, Grahamstown, forfeited the amount of his bail.

J. Penny was charged with having been drunk and disorderly in Queenstreet, on the 6th instant. Defendant was on bail, and forfeited the amount. BREACH OF THE JUNGBBOUB GOODS ACT; - Thomas Short was charged with thai he did unlawfully keep within fifty yard^t of a dwelling-house, or building it" which goods are stored, petroleum-to the extent of more than ten gallons,, without being licensed so to do under the Dan* gerous Goods Act, 1869... The defendant said the goods had been there, and were taken possession of by the police, but before being tested and without a warrant. , ■ Mr. Bullen said the police did not require a warrant in this case any more than in taking possession of stolen good*, when the officer in charge gave instructions to seize. , - ; . His Worship read the 17th section of the Act, which did not admit of the goods ' being seized without a warrant, and said ■ he had only power to adjudicate in accordance with the provisions of the Act. They should have gone before a Justice,. of the Peace, declared their suspicions, and obtained a warrant to seize. Mr. Bullen said the kerosene had been seized for -the ' purpose of testing, and that it had been tested by the person*

having the authority. ■ His Worship said in that caso the .publio would have no prevention against invasion of their houses at any moment. Mr. Bulien referred the BericlT fp tho 16th section, which i provides that the officer may at alltimes inspect.inflamniablc , goods where offered for sale, and when once tested are liable to be seized. His Worship: But they muit be tested first. - After . some further. diicusiion hi?; Worship said he would hear tho case under the 16th ioction. . Mr. Bulien laid the defendant p! coded guilty to the charge. In answer to his Worship defendant ■aid he must of courso plead guilty to. having had the kerosene in his possession; he could noj; do otherwise. ;* ; -„ ' Mr. Bujlen called— * T. B. Magon, who deposed that he was Inspector Jader the Public Health Act for the Bossugh of Thames. Knew the defendant, whoso place of business was in Mary-street. Ho (defendant) was a -> grocer. ~ Wjtuess,visited thepremiseson the Istirist! He«aw somepetroleuin there' .—5 cases, amounting to about 40 gallons. Witness, .asked Mr. Short, if he-had a license for the sale of kerosene. He said he had not. Witness then told s him that , he had been instructed by the Town Clerk to inspect, arid remove tho keroiene to'be tbited.' 'Ho thereupon removed it. Defendant said he was not aware that it . was necessary to have a license. Witness wasprcent when Constable Grace made tests. Tho first time the kerosene threw off inflammable Vapor at 106. The test was subsequently applied, and took fire at 106.* The petroleum was the same as that removed from Mr. Short's .premises. Constable Martin Grace, having been •worn,. dopose'd that he was Inspector of Weights and Measures for the Thames District. He had received five cases of petroleum from the premises of defendant. He made three tests of the cases in accordance with the Schedule ot the Dangerous Goods Act, 1869. The first test flashed at 106, and took fire at 109 ; the aecond flashed, at 99—100, and took fire at 101. He made a subsequent test with a different thermometer : the first test flashed at 98, and took fire at 101, The tests'were made from different cans, lie teited two cans. This waa { the case. Defendant,,in aniwer to his\ Worship, •aid he had received the kerosene from a merchant in Auckland, and had no idea that it would not stand the test. He had been compelled, through circumstances •I which had arisen, to defer pairing out a 'r license.' v •His Worship said he would reserve his ■decision till the hearing'of the next case. A SIMILAB CASE. Kichard'Onyon-was charged with hav'v ing committed a like offence. 'Defendant said he held a certificate fronv the Inspector in Auckland to say that-the kerosene had not flashed up fo 110 M degre?g. He had a copy of the ' certificate, but had telegraphed for the ' original/ He weuld ask for an adjournment in order to secure the advice of a lolicitor. (The adjournment was granted, to £ aturday next, when his Worship will give judgment in the former case. The Court then adjourned.