RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 843, 29 July 1871, Page 2

RESIDENT MAGISTRATE COURT.

Friday, July 28. (Before J. Giles, Esq., E.M.)

Joseph Spencer was charged with illegally removing driftwood from the sea beach contrary to the regulation proclaimed by the (Superintendent of Nelson pursuant to " The Marine Act, 1867."

Sergeant Kiely conducted the prosecution, and gave evidence as follows: On the morning of the 23rd instant, at about half-past seven o'clock, was on duty, and saw the defendant pick up a piece of driftwood. He put it down again. He then took a piece of sackiug. He took up toe log again, and carried it thirteen paces. »I then followed, and when defendant saw me he threw it down. I examined the spot where the log was taken from, and it was ten paces below high water mark. The log was about nine feet long, and about eighteen inches in circumference. I asked defendant's name, and he told me.

Cross-examined: I did not give you any warning. You dropped the log before I spoke to you. I can't say what your intentions were. I believe you saw me before you dropped the log.

The defendant said in defence that he was not aware, that he was doing wrong. He saw many others doing the same thing. He never saw the Sergeant before he threw the log down.

The Eesident Magistrate said that it appeared that the offence had been committed prior to the warning he had given on Tuesday last. He should not, therefore, impose a higher penalty than in the former case. In all future cases which might come before him he should impose the highest penalty, and parties who chose to break the law would find it an expensive mode of procuring firewood. The defendant would be fined £1 and costs—4B hours allowed for payment. _ There were several small debt cases disposed of, but none of them presented any points of interest.