R.M. COURT.

Wairarapa Daily Times, Volume VII, Issue 1993, 18 May 1885, Page 2

R.M. COURT.

MASTERTON-MONDAY. (Before H. A. Stratford, R.M.) ; .- -. Pkofane Language.. Thomas Edgar Parr was charged with haying on Sunday evening last made use of profane language, and pleaded "not guilty." Sergeant McArdle gave evidence, and said he warned accused not to make use of such language, and that he thereupon insisted upon being arrested. .Constable Cullinano gave corroborative evidence. The same person was further charged with having been drunk and disorderly in the public .streets on Sunday evening, and with resisting the police while in the execution of their duty. He pleaded " not guilty" and stated in defence that tho police -had handled him very roughly in arresting him. His Worship said there was just a doubt as to whether accused used the language or not, and he would get the benefit of it; but the second case was perfectly clear and he would inflict a fine of £l,.with the alternative of 3 days' imprisonment. Adulteration of Food Act. In the case of the Inspector of Weights and Measures v. Chamberlain Bros,, His Worship delivered the following judgment':—! have read carefully sections 1G to 23 of the Adulteration Prevention : Act, 1880, especially sections 19 and 20; also sections 4,'5, 6, and 7, Amendment Act, 1882, and especially the second paragraph of the sth section. With due regard to the expert evidence of the witnesses who described the loaf, exhibit A, as a cottage loaf, I am of opinion that under the statute, bread made in separate loaves, and bo baked as to' be crusty all over, and known' in the trade as cottage fancy loaves or fancy bread, but differing from ordinary bread only in the manner of baking, is not fancy bread within the meaning of the exemption in the Imperial Act (William IV) Clause 37 section 4, of which the Colonial Act is a transcript. Ithink the word'batch'includes within its meaning loaves placed in and brought out together from the same oven at the one baking, and it is immaterial whether they were conjoined so as to prevent the sides having the same kind of crust as the top and bottom, or placed sufficiently apart so as to admit of an entire crust. lam of opinion that by fancy bread is meant bread of a finer quality than that described in sections 19 and 20 of the Adulteration Prevention Act, 1880, to be sold in smaller quantities, i.e., "pieces smaller than those loves that must be weighed;" and, although there can be no stereotyped shape, yet, to ho in nil, or twist, or generally similar to what was known as fancy bread at the time the Act of 1836 was passed, and I base my opinion upon this conclusion that otherwise no advantage would accrue to the consumer to place him on a level with the purchaser of a weighed loaf. I find that the loaf marked A in no way differs from ordinary loaves sold by bakers generally in material from that sold by weight; that the bread in no way resembles what was called fancy bread at the time jjhe. wa§ passed;"' (M such bread as exhibit A is nated/in patches'of two and upwards together, andtliattjieigiyf in question bears evidence of having been baked in conjunction with another loaf, That exhibit Ais a batch loaf, and was sold by defendant's servant, James Wickens, for and on behalf of the defendants on their premises to John Cullinane, the informant, on demand by him for a 21b batch loaf on the Bth of May inst., and that such loaf weighed less than 21b. By inferencedefendant's servant professed tacitly to supply the demand for a 21b batch loaf. In convicting defendants I have to remind them that by a recent statute even a French loaf (formerly classed as a fancy loaf) must be weighed. Defendants convicted and fined ss, with costs 7s.

His Worship added that he was of opinion that the Inspector of Weights and Measures should not be too exact in such things, though in the present case he wa3 quite correct,

• Mr Beard asked what would become of the other cases, The Inspector of Weights and Measures pointed put that one of the charges was that the loaf was not stamped," " Hi? Wo'rjijljjp said that after the decision just given a conviction must follow in that case, if it were proceeded with. He thqught however, ; that the pue'jine'"wqulif'm|jetth'e (ihds of' justice, and. that if wpuld/be as fell tp withdraw it. ......... ~ . The case wag accordingly withdrawn. Alexander M'Glashan'was sharged. with a breach of the Adulteration of Food Apt by having sold bpead under weight, and pleaded guilty, Fined 5s shillings and costs 7s. A charge against the same for selling unstamped bread was withdrawn, Civil Cases, E Feist v Soren Neilsen,—Claim $, .for rent of cottage. Judgment by default for amount and costs, Michael Dowling v Wairarapa East County Council,—Claim 17s Cd for two and a half day's wages. Plaintiff deposed that in November last he was employed by the defendant Council on the Mungapakeha road, and hart never been paid his full wages He called Mr Murdoch McKenzie to prove his claim, but only succeeded in elioiting evidence to show that the Council was not indebted. Plaintiff then asked for an adjournment to enable him to subpoena the County Chairman, who, he said, knew all about the matter. Granted. Anders Hansen v Henry Broderson.— My Beard for plaintiff, Mr Bunny for defendant, '" " ' Plaintiff claimed the restitution pf ft, Martini'-Henri rifle, value $7, which he had given defendant at the Empire Stables to take to Mauricevllle on Christmas Eve last, he being a carrier, Defendant consented to take tho rifle to Mauriceville. but did not do so, Witness asked defendant for the rifle, and he said lie did not know where it was. Defendant had carried goods for him previously. By Mr Bunny: Defendant took delivery of the gun from witness. Defendant said on Boxing Day that he had not broiight up the gun but would bring it up the next day! Witness, wenf with defendant and Peter Thoinsen to the 'Einpire Hotel and enquired about the rifle, but could not find it, Jens Kestrup deposed to defendant being a carrier. He saw Hansen deliver the rifle to Brodersen. Witness left his own bundle at the Empire Stables and got it two or three days afterwards, After further evidence judgement was given for plaintiff, defendant to restore the rifle or pay amount claimed, Mr Bunny, who appeared for defendant, gave notice of appeal. Mayor and Corporation v Mcßae. Rates,; '2is os, Judgement for plaintiff for amount and cogts, ?s.