RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1777, 12 September 1874, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAT. (Before W. Fbaseb, Esq., 8.M.) -VAGBANT ANIMALS. Edward Gallagher was charged with that he did allow two horses to wander at large in Bowen-street, Shortland (horses impounded). Defendant pleaded guilty; but would like, to hear how the horses came to be impounded. His Worship told him that that was his business. Fined 5s and costs. The-same person was charged with having allowed two horses, to wander in Grey-street, Shortland. He pleaded guilty to this charge also, and said he had put hi* hor«es in his paddock at Parawai; they had escaped and got into Mr. Payne's paddbek, from whence they were driven. His Worship said ho would inflict 2s 6d only for each case. BBEACH Or DIHGEROT7S GOODS ACT. Richard Onyon was charged that he did unlawfully keep within 150 yards of a dwelling-house, or building in which goods are stored, petroleum to the extent of more than ten gallons, without being licensed so to do, under the Dangerous Goods' Art, 1869.-

M*. Tyler for defendant. Mr. Bullen stated that the case had been adjourned, and called-— John Brooka Mason, who deposed— That hs was Inspector of Nuisances for the Borough. Knew that Mr. Onyon had a store on the Shortland wharf. In consequence of an advertisement appearing in the paper£j he went to this store and saw the kerosene besides other goods. He should say the store was within twenty-two yards of a dwelling housed In answer to a question whether he had a license for the sale «f kerosene Mr, Onyon said " No, but had instructed his clerk td apply for one." Witness asked for a tin that he might test it. Ho was not sure whether Mr.. Onyon hid asked him to take one or not; but he (witness) took one, Mr. Onyon remarking that he should be glad to have a test from Constable 6race r Had seen the kerosene tested: it did not stand the test. Incou■equence of this witness visited Mr. Onyon again with Constable Grace, and told him that lie was instructed to remove the whole of the kerosene for the purpose of testing. Mr. Onyon asked him was it not right. Witness answered " No." Mr. Onyon further'saidhe had a most flattering certificate from the Auckland Inspector, which he should show. The keroaeae was put into a cart at Mr./ Onyon'i suggestion, and brought to the itatioa. He brought a way 10 cases, containing two tins each. The kerosene was made from coal in the Blue Mountains, N.S. W., and was called petroleum. "Witness saw eleven tests. The highest temperature at which the kerosene .threw off inflammable vapor was 106 degrees, and the lowest 90. Gross-examined by Mr. Tyler—The store spoken of was a receiving shed, to store goods in from the Enterprise, until people called for them. The kerosonehad been in the store about a week or a fortnight before witness visited the store. Had no warrant. He had received his instructions frem Mr. Dean, Town Clerk. He had seen the first test and all subsequent ones. (Mr. Tyler asked that the test apparatus be produced. It was accordingly brought into Court.) Mr. Tyler said it was a strange thing that goods should be taken without a warrant, and the* owner not allowed to be present at the test. Mr. Bullen said not only had Mr. Onyon been present, but had been invited by -the Inspector. \ Mr. Tyler said he was in a position to throw some light on the Act. The present proceedings appeared to be altogether informal. He continued his examination with a view of showing that the apparatus was not constructed in accordance with the terms laid down in the Act. Witness said the kerosene tested was ntffte of tinned iron. He also measured the rim of the top, measuring three- sixteenths of an inch in depth. (Mr. Tyler said the act said it should have been iof an inch.) Witness said two lamps (one of which was lit in Court) had been occasionally used under the tin, and for. sending the flame along the wire which ignited the oil, half of a match j resta had been used —being held by the hand. After the first test the instruments had been thoroughly cleaned. Mr. Bullen cross-examined the witness, and elicited that the depth from the ilafc rim to the wire running from edge to edge was one quarter of an iach. Constable Martin Grace was called, aad deposed that h» wai an Inspector of!

Weights and Measures. He had not got his appointment in Court. Mr. Tyler said ho would ask for tho production of the appointment in writing, as it would make a material difference in the case. Mr. Bullcn said it made no difference by the .A mendment Act, 1870. The Gazette in which Grace's appointment appeared was produced. The witness "was then examined as to his visit with Mason to Mr*., Onyon'g store.and Mr. Onyon had directed. Mason to take the kerosene away. IjDe made about 22 or 23 i tests altogether; He made the tests as prescribed by: the Act. His evidence then as to the number of degrees at which the kerosene had thrown off, was corroborative of Mason's. The kerosene had fltshed at 92 degrees in tho presence of Mr. Onyon. ! Mr. Tyler examined the witness as to the inner vessel. Oa measuring it witness | stated that the well was two and a quarter, and the raised edging of the flat rim was under one quarter of an inch. :II is evidence as to the depth of the outer vessel showed that it was four three quarter inches. (Witness was further examined with a view of showing that the tester was not in accordance with the Act.) Witness had gone with Mr. Mason to take tho kerosene,; away, and Mason had told Mi*. Onyon. so. This was the, case for the prosecution. = ,i Mr. Tyler said there 'w.ere .a variety of points upon which .he could '.argue* but , thought it was sufficient thatthe evidence j had ehown that the test as applied by Mr. j Grace had not been jn. accordance with the schedule of tho Act, and he then proceeded to show that the measurements as sworn to by the witnesses were not as they should be. His worship said it was unnecssary to go any further. He knew that in all these cases where the forfeiture of a man's goods was concerned, every particular iriust be complied with. He would dismiss the case. : Mr. Tyler asked for costs. His Worship thought they had no right to costs. They had their remedy. Mr. Tyler said this was an exceptional case. The defendant had been put to expense ; and inasmuch a3 his goods had been liable to forfeiture, he thought costs should be allowed. Besides the proceedings had been wrong from beginning to end; as the defendant had certificates from the Inspectors in Sydney and Auckland, and Mr. Severn had also tested it with satisfactory results. ■.;■„■ •' ANOTHEB CABBi '/ //- ;" Thomas Short was charged with having committed?a like breach of the law. His Worship had reserved his decision. , Mr. Macdonald read a certificate on behalf of Mr. Short to say that it was of the diamond brand, and had - stood the test. His worship said he did not doubt for a moment, but that both defendants had considered they were dealing in legitimate goods. . He would give, this defendant the same advantage as the other, and dissmiss the case.. The Court adjourned. '