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127
Report of the Medical Officer of Health
The following is a copy of the report of the Solicitor to the
Council on the matter:—
"WICKENS, PEASE & Co.
"This case came before the Court of Quarter Sessions on
"Friday last, the 15th instant, Mr. Loveland Loveland, K.C.,
"sitting as Chairman.
"Upon the preliminary objection that the conviction did not
"specify the date of the offence, the Chairman decided that the
"conviction was bad, and he allowed the Appeal, but made no
"order as to payment of costs.
"You will recollect that on the 7th October last the defen"dants
were convicted of carrying 011 their business so as to cause
"a nuisance, and were fined £5 and £5:5:0 costs. On that
"occasion there were in all eight summonses before the Magis"trate,
but after hearing the case at very great length, the
"Magistrate intimated that he was not prepared to convict on
"seven of the summonses and that they should be withdrawn. I
"thereupon withdrew seven of the summonses, and the Magis"trate
convicted the defendants as before-mentioned.
"The conviction itself is prepared at the Court, signed by
"the Magistrate, and forwarded to Quarter Sessions. Mr. Bird,
"the Chief Clerk ot the Court, did, however, send the conviction
"to me before the Magistrate signed it, but I saw no reason to sug"gest
any alteration therein.
"At the Police Court, although there were eight summonses
"issued, for eight different offences on specified dates, the Magis"trate
allowed, and properly allowed evidence to be called as to
"the nuisance on other dates, in order to shew generally the
"manner in which the defendants conducted their business, and I
"have no doubt that the Magistrate intended his conviction to
"cover a period other than the dates specified in the eight sum"mouses,
although in remitting the conviction to the Court the
"officials forwarded that particular summons.
"In addition to the objection to the conviction, Mr. Elliott,
"Counsel for the Appellants, intimated that he should object to
"any evidence being given outside the particular date mentioned
"in the summons and the Chairman stated that he thought that
"objection was a good one.