RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1986, 17 May 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT.

(Before H. Goldsmith and E. W. : Puckey, Esqs., J.P.'s.) : DBUNKENKESS. i John Williams and James O'Connor, ■ charged with drunkenness on the 15th and; ,16th instant respectively, were fined 10s; and costs, or the usual alternative. i NUISANCE. * ; John Foss was charged with having; offensive matter on his premises so as tocause a nuisance. , Defendant pleaded not guilty. MrTyler appeared for defendant. .; Mr - Bulleri said ': the ofi'ence charged • against defendant was ; a breach of the Municipal Act and Amendment Act, which he tendered in evidence. Joha Brookes Mason, Public Health

Officer, deposed—That ho knew the premises of defendant in Abraham street, Borough of Thames. Defendant was a butcher. Visited his place of business on Wednesday last and found a quantity of horsb manure in the dung heap, some calves' feet and putrid meat buried in the heap. There was' a nuisance—in his private yard, about five and twenty feet from Abraham ; street. There was an offensive smell from the heap.

Cross-examined by Mr Tyler—l say the'nuisan'ce'crcated an offensive smell— perceptible some distance off, as I smelt it from another yard. The book producedjis, a .copy : of-the Borough Byelaws.

Mr Tyler said there could be no conviction under the Acts in which the information^was,laid, would proceed to show reasons. (Mr Tyler quoted clause from /Act.) The Act under which the charge was laid was a Provincial Act, and it had been repealed by the General Act; f He therefore submitted that 'there could bib no conviction under the Act on which the charge was laid. Mr Bulleu said the Bye-law was silent on. the subjects mentioned in the Act qudtedlby Mr Tyler. Defendant was charged * with leaving animal matter, which was not provided for in the clause quoted by Mr Tyler. Mr Tyler further urged his objection. r , ,T.% ? e.P ch after conferring said decision was''reserved. ' ' ■

Mr Tyler said if it were a reservation on the point of Jaw raised In? would go into the merits of the case, as he was instructed there was no nuisance. Ho called— Daniel McLeay, who deposed — That he resided in Owen-street, hi» premises abutting on Mr Fossa place. On Wednesday last witness was on-his own premises adjoining Foss's. The yard had latelyr been, kept very .clean. Saw, no offensive matter about at all. .Gross-examined by Mr Ballen —My premises are in Owen-street—Mr Foss's | 4nj Abraham-street. I have never been in Mr Foss's yard—had no business-. I can not swear that I went up the yard on Wednesday last. There is hardly a day that passes but Igo up, of coarse. ' - In answer to Mr Tyler, witness said his water-closet was about seven feet from Mr Foss's fence. The Bench" considered the facts' provedj but they would reserve their decision on the point of law till, Wednesday xnornA charge of using abusive language, was struck out there being no appearance of either party. ' - The Court adjourned.