RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1903, 8 February 1875, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAT. (Before W. JTbaseb, Esq., 8.M.) DRUNKENNESS. Charles Smith was charged with haying been drunk and disorderly in Grey street, Shortland, on the 7th inst. Defendant said he had been the worse for liquor, Fined 20s, or in default, 48 hours' imprisonment. PKOFANITY. ' : Charles Smith was charged with making use] of profane language in a public place, to wit, Grey street, on the 7th inst. Defendant said he remembered nothing about it. . i Mr Bullen said he saw defendant about half-past eleven yesterday. He was ! howling and making use of great pro- j fanity, apparently for his own amusement, as there was nobody there^ to swear at. His Worship inflicted a penalty in this case of 40s, or 7 days' imprisonment. TBANS2TEB OF LICENSE. Mary Jane Shaw applied for the transfer of the license ; held by her for the Globe Hotel, Rotleston street, Shortland, to James Harry Trenwith. BBEACH OF BOROUGH BYE LAW. John McCullough was charged with having committed a breach of the second section of Thames Borough Bye-law Noi 1, by depositing night soil at a place o'her than that appointed by the regulations of the Thames Borough Council in that •behalf. Defendant pleaded not guilty. \ Mr Mason, Inspector of Nuisances, appeared to prosecute, and put in Gazettes proclaiming the Bye-law and the regulations under which the information was laid. David Kennedy was called, and deposed •—■That he knew defendant. On or about the'26th witness employed him to empty the closet at Zcigler's. He did empty it. TVitness agreed to pay so much, but owed the money yet.. The night soil should hare been taken to Parawai, to the place appointed by the Council. That was the agreement. ' ._, .•:.,. Alexander Connor, deposed—That he

occupied a piece of land* adjoining, Mackay street, known as Graham's Paddock. Remembered Mr Mason coming to him respecting some- night soil. Had cautioned defendant not to put niglifc soil in his garden. Could not say who put it there; he only kn"ew; that it had been placed theie. He had cautioned him because he knew that he received it. By the' Court — I surmised that Mr McCullough put it there because I knew of no one else. George Cribb deposed that he owned the ground appointed by the Council as a night soil depot. No soil was received there between the night of the 25th and the morning of the 26th, By the Court: I was formerly the lessee of the ground, but have since bought the freehold. John Brooks Mason, Inspector of Nuisances, deposed to haying laid the information against defendant. He did not see defendant deposit the night soil, but was at the place within an hour of the timo it was deposited. Frequent complaints had been made that night soil had been deposited in different places.; He went to Zeigler's on the 2.6 th, and fonud that the closet had been cleaned out.. Defendant stated in defence that he did not take the soil from Ziegler's ; he was not working on that day. His Worship said he was quite satisfied from the evidence that defendant must have done so. Mr Kennedy had employed him to remove it on tlie 26th ; the closet was cleaned on that date; but the refuse had not been deposited at Parawai. It might seem rather hard .to defendaut that he should not be permitted to make use of persons' gardens as a repository for such like matter; but the Borough Council had made regulations which must be regarded. The accumulation of night soil in close proximity to where persons were living might give rise to pestilence—it required deodorising ; and since the Borough Council had made a bye-law regarding/this matter, he would make it his business to carry it out; he should continue to increase the fine in geometrical progression until the top of the tree was reached, in order to put a stop to such a nuisance. Defendant said he had no money to pay the fine, nor property, save a wife and several children. His Worship said he was left the option by the Act of conveniencing defendant by sending him to prison in case the issue of a distress warrant would prove ruinous to his prospects. He therefore sentenced defendant to seven days' imprisonment in default of payment. ] The fine was 20s, and costs a little over a pound. The Court adjourned.