BY-LAW HELD TO BE INVALID.

Press, Volume LXVII, Issue 20184, 12 March 1931, Page 6

BY-LAW HELD TO BE INVALID.

MAGISTRATE'S DECISION. * ' Because Tits terms are£ uncertain, one - of the City by-laws is invalid,' according , to reserved -judgment given by Mr' H. P. Lawry, sLM., in the Magistrate's , ] Court yeaterdAy. 1 1 The by-la;w; in r question was an » amendment to Section 364 of the City bylaws, requiring, a protecting wall to r be built at a, distance of loss than 15 ' feet from the nearest building in the 1 e vent •'of" any timber Tack or fltack being ' erected on any property, the word " "timber" not including firewood cut '• into smidl lengths J' . ■ Leonard David Bicharda (Mr K--1 Twrneham) waSi prosecuted uude? the* '• by-law'by the Chris tchurch. CityCoun- ! oil ,(Mr B. J. Loughnan) " The! .term "small lengths - was aa- ; ' scribed as uncertain by Mr Jjawry. HO ' said that opinions, would differ as to 1 what constituted- a small length. The. . Una would have to-be drawn somewhere,, ' "but not necessarily at '3ft' 6in or".. 4ft. i The term was so uncertain a# to m ? a ?" r ine that the "by-law could not be > held, i to be, ivalid.; The qaso would/be disCoats were allowed jCorincH.