SUPREME COURT.

Dominion, Volume 1, Issue 27, 26 October 1907, Page 6

SUPREME COURT.

VALIDITY OF A BY-LAW'QUESTIONED. ..The validity of-.a heavy-traffic.by-law made by the Eketahuna County. Council in 11)01 was challenged yesterday afternoon, when James Hunter, of Hukanui, waggoner,'- appealed against his conviction, ; by .Mr. W-. P. James, ,5..M., on an information alleging that lie did engage in heavy traffic on the Now-iiian-Stirling road without having ' first' obtained 'a license. •

Thu by-law,'which, ;it- was held, appellant had failed to comply with; reads as follows: " For the purposes of this, by-law, 500 superficial feet of any timber shall weigh one ton. A cord of any timber shall toil, and fivo hundredweight 114 cubic feet of wool shall weigh one ton; 350 bricks shall weigh one ton. The weight of any load of timber shall, for the purposes of this by-law, be computed from the superficial measurement. of such load, unless,'in the opinion of the person measuring the same, the measurement of such- load can be more convonientiy or accurately measured: by cubical measurement (i.e., at per cord),-in which case'such weight shall be ascertained by cubical measurement. Tlio ' weight" of any load of wool shall bo. ascertained by cubical measurement. The weight of any load of bricks shall bo ascertained by the number of bricks on such load." Mr. E. Pago, for tho appellant, contended that the by-law must he held to be invalid, because it -provided alternative methods of measurement in' respect to lodds of 'timber, and did not st-ato which measurement was to be used for each, particular load. A waggoner might, ho said, consider that; the weight of a load should be ascertained .by cubical measurement, whereas the County's officer might decido that the weight should bo as : cbrtained by superficial nieasur.ement. •Mr. Robinson, for the respondent-.County, said the various sections of the Public Works Act, 1900, were expressed;in wide terms for the purposo of giving local • authorities absolute discretion as to the methods- by which loads of timber should'be measured. If. a local authority. coiuid riot' provide for both cubical and superficial ■ measurement of loads, then, either firewood-.or' sawn timber would bo. unjustly treated ifrom either- tho public or the County's point of view.. : Mr. Justice Cooper said-.he would take time to consider his judgment., IN CHAMBERS/ " Mr. Justice Coojier held a .sitting in Chambers yesterday morning. , . ■!> Probate was granted of tho wills of.Peersori' -Wakofiekl, Simon Amy Bender, George Benjamin James,; Harry , ;TJrquhart,, - Ann, Richardson, Mary Ann Le Noury,'-and Reginald .'Asherton Charles - .. ' ; Letters' of - administration were. granted; in respect of.the estate's'. : of'-tho ifollowing deceased -persons: — Edward Joseph Martiii, 'Frank'-Marion'Smith,'-';ind Annie Gray: A motion for an ordci;-placing.'the'»tat-c;'of• Catherine 'Mulligan (deceased) in the, hands of:,the -'Public Trustee' !y;as allpwed .to' stand' over. ■' ■ Applications : for'.leave;,to'serve: out of tlio Dominion:'tlio defendants .in the cases 'New .Zealand- Acetyleno Gas Company>..-.Aiidrqws 'Ond'-another,' and Osmoud v.'; Richards,' wcro granted.""- s ;' A.motion to adopt theieport of theißegis-' trar in re 'estatb'of'John Edmondsou was, held over.'-V. .. In .the.' matter .-of, ;;d(igd : , of- Bettlement;.between H.' T- "Mahupul:u, .Eoiily Grace.and others, and in the matter ..of a trust fund of £12,000 from; tlio sale'-of- the Ngawakaakupo block," a motion for ; ah .order appointing Jlr. James Moncrieff, vjun,,; a new trustee was granted. i