RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2894, 25 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT

, THIS DAY

(Before A. J, Allom and H. Goldsmith

Esqs., J's.P.) FUBIOUS BIDING.

Herewina and Takerei, two natives, were charged with furiously riding along the Parawai road on the Bth instant.

Mr Sullen said that one of the natives, Takerei had come down and stated that Herewina was ill and could not attend, aijd under these circumstances he would ask that the case against Herewina be adjourned till Monday. Takerei pleaded guilty and was fined 5s and costs, and at tlvs period another native came forward and said he would plead guilty for Herewina, and was willing to pay the fine. Fined 5s and costs. UNCbLLAEED DOGS.

John Grraham pleaded not guilty to a charge of permitting a dog to go at large in Upper Albert street without a collar for the current year affixed thereto. Constable Baldwin, sworn, deposed—l am stationed at Grahams town, I was in Upper Albert street on the 13th instant, and there saw a deg at large without a

collar. I followed it to Graham's place, and Graham's wife chimed it.

By defendant: The dog was a few feet outside the gate. Fined 5s and costs. ,

John Canty was charged with a similar offence.

Constable Baldwin, sworn, deposed—l am stationed at Gr^bamstown, and was on duty in Irish town on the 18th inst. I saw a dog at large without a collar, and it was claimed by defendant. Defendant stated that the dog did not belong to him, but to a "nan who had lived with him. He gave the dog to a man named Adams, but it would uot stop with him. -* . Pined 5a and costs. BREACH OF BY-IAWS. John JSTicholls, o"? remand, was charged with unlawfully plying for hire between; other termini than those endorcxl on his 'bus licuse, viz., between Parawai and Kerikeri. ■> ■ Defendant, for whom Mr Brassey appeared, not guilty. Mr Miller appeared for the complainant, Mr J. B. Mason, Inspector of Vehicles.

Mr Miller put in evidence the Municipal Act, 1876, and Borough By-laws. Mr Brassey said that these by-laws must be proved to be by-laws first. They had been made under the Act of 1867, and it must be proved that they were in force under the amended Acts.

Mr Miller" said it devolved on the counsel for defendant to prove that. He quoted from " The Official Documents Evidence Act."

The by-laws were then, put in e\ "denca, Mr Brassey saying that he would object to it after the hearing of the complainant's case. .

J. B. Mason, Inspector of Velrcles for the Borough of Thames, sworn, deposed— I know the defendant. He has a license to run carriages between the Royal Hotel Tararu, to the Hob Boy Hotel, Parawai. I saw the carriage in question on Sunday last. It Was on the Kerikeri road about four miles from the General Post Office. There were persons yin the carriage and one on the seat by the driver. On the license there is no endorsement authorising him to run on this road.

Mrßrassey then argued that they must have proof of these -by-laws having been properly made by the Council. His grounds were that at the time the Borough was formed whatever was done was under the, Acts of '68, 70, and 7L He quoted from the Act of '67, which was repealed, and argued that it had not been proved by the prosecution that the by-law 3 had been properly made, and ie laid with them to do so. His second objection was that the 342 nd section of the Municipal Act did not apply to bylaws previously made, and his third one was that no license was produced.

He then called—

Joseph Nichells, sworn, deposed—l am father of the defendant. On Sunday last I together with my son agreed to go for a drive. I went there .on the invitation of my son; and did not pay fare, nor did any of the other passengers* pay any fare. They had been invited by my son to take a drive. - .

By Mr Miller—The carriage only mrdo one trip to Kerikeri that day. There were in the carriage besides myself, the defendant, his wife and his man, and Mrs and Miss Hollis. No one paid as far as I know. The defendant drove himself.

William Bead, sworn, deposed—lam a driver for Mr JNichoHs, and was in the carriage on Sunday last. We picked up Mrs and Miss Hoil's, and went to see the Maori confirmation at Kerikeri. I did not see any one pay fare.

By Mr Mfller— We brought back the same party we took out and no more. John' JNichoHs, sworn, deposed—l am the defendant in this action and recollect last Sunday^ On that day I drove to Kerikeri taking my father, my wife, my man, and Mrs and Miss Hollis. None of them paid faro and I don't expect to receive any. I was not plying for hire on that day. .

By Mr Miller—l took Mrs and Miss Hollis out as friends. On Saturday Mrs' Hollis asked me if I was going out to see the Maori confirmation aid 1 invited them to- come. I never intended to charge them. I did not charge because it was Sunday. I believe I have no right to ply for hire on the road.

The Bench dismissed the case oh'the ground that defendant was not plying for hire. The question of costs was held over. ANOTHEB CASE. John Connell was charged with a similar ofience., ; Mr Miller appeared for the complainant, and Mr Brasß2y for defendant. Mr Br_ssey said that as the Bench held that there was sufficient proof that the By-laws were in operation he would plead guilty for defendant, but thought that notice should have been given to the defendant of the necessity of baring the endorsment on his license. Fined Is, eid costs. - Court adjourned. .

The total quantity of grain passed over the Christchurch section of railway lines fron the commencement of the season to May 4th (says the Lyttelton Times) was 769,180 bushels, representing a tolal of 75,0C3t0n5. The gross qt antity for the whole of last year amounted to 85,C00 tons. The great increase in the grain traffic may be, estimated from the fact that the grain season commences in the beginning of February, and will not terminate until the end of June. It is estimated that by the end of the season the quantity conveyed by railway will be increased by some 40,000 bushels more, the bulk of which is at present in private stores in Timaru, Oamaru, Ashburton, Zaiapoi, Kangiora, Heathcote, and Christchurch.

Dueing the discussion which took place at the meeting of the Educational Institute on Saturday, says the Dunedin Morning Herald, Professor Black said that, when he was only ten years of age, he had learned the whole of the shorter tatechistn, and therefore he seemed to Lhink that it would not be imposing too heavy a task on lads to ask them to learn 40 or 50 pages of a science primer. One of the reverend gentlemen present made light of-Professor Black's ft* at of learning the shorter catechism when ten years old, and said that he knew a l;vl who had learned that book when only seven years old. This remark induced a gentleman, who holds a prominent position in our educational machinery, to reply in a low tone, ".Yes ; but that lad never learned anything afterwards."

AUtOW THAT IT WAS CHABITABLI3.--A printer's error caused a writer on fashions the other day to describe a lady's dress as provided with a M largo fauicuii " at the back, instead of a " large fautail."