MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1802, 15 July 1913, Page 3

MAGISTRATE'S COURT.

CAR SPEEDS AT HUTT. OCCASION OF RECENT RACES. Cases in which the Lower Hutt Borough Council proceeded against motorists, for travelling at a greater speed than twenty miles per hour on the mai'i road, Lower Hutt, on April 2 (on tho occasion of the Trentham races) were again before the Court .yesterday. Dr. M'Arthur was on tho bench. Evidence in connection with tho cases were heard by the-Magistrate at Lower Hutt Court some weeks ago. Yesterday's proceedings wero for tho purpose of hearing legal argument. The defendants were: Dr. MUvedy, C. R. Caldwell (driver for H. Gilmor), Moritz,W. Dorr (driver for A. E.

Kernot), C. Price (driver of — Johnson's car), A. E. White, Gilbert Hare, and F. H. Ellison. The Inst three are motorcyclists. Mr. Blnir appeared for tho Hntt Borough Council, anil Messrs. H. P. O'Leary, D. M. Findlay, M. Crombie, and J. J. M'Grath for the various defendants. Mr. Findlay contended that the Act under which tho council had presumed to make tho by-laws in question was for tho purpose of regulating the traffic of motorcars in places where it was dangerous to the public—on any "bridge, road, or place." This particular highway did_ not come under any of these heads. While the Act allowed some county councils to prohibit mutor traffic altogether on certain steep and dangerous roads, it did not give borough councils the right to regulate motor traffic within their boundaries. Moreover, the Borough Council had not carried out what it had admitted to be its duty in respect to publicity. Mr. -H. F. O'Leary stated that he intended to adopt the samo lino of argument as that which had been raised by Mr. Findlay. Ho also supported Mr. Findlay's contention as to the necessity for publicity, in notifying the public of speed limits. A by-law was not binding until it was mado public, and public notico in the newspapers was necessary. The council had no power to specify a general limit throughout tho borough. Mr. Crombie addressed tho Court on somowhat similar lines. Mr. Blair (for tho Hutt Council) dealt with, at some length, the legal definitions of the words "place" and "road." He contended that the persons charged had had notice of a speed limit, and had disregarded jt. Every person charged had exceeded tho maximum speed on the whole two miles where the speed limits had been put up. Conspicuous notices had been placed at certain spots, and motorists could not help seeing them. He admitted, however, that motorists were entitled to a "reasonable notice" as to a sjjeed limit. His Worship reserved decision. COMMON POLICE LIST. Albert Hansen pleaded guilty to a charge of theft of a pair or boots. He was sentenced to seven days' imprisonment. Rose Eraser was sentenced to one month's imprisonment on a charge of importuning. George Broughton, with twenty-six previous convictions, and Albert Hansen, with sixteen, were jointly charged with the theft of a ccut and a pair of trousers, valued at 10s. 6d., the property of Mark Johansen. Both pleaded guilty, and woro cach sentenced to fourteen days' imprisonment. A sentence of one month's imprisonment was imposed on George Broughton, who pleaded guilty to a charge of stealing an overcoat and one pair of gloves, valued at .£3 10s., the property of A. H. Holmes. John Edward M'Kee was remanded to appear at Cliristchurch to-day, on a charge of failing to provide for liis illegitimate child. A fine of 20s. was entered in the case of John Donovan, who pleaded .guilty to a charge of committing a grossly indecent act. Fines for insobriety were ordered in' the following cases George Lucas, 10s.; Hugh Kelly, 55.; Bernard M'Namei, 10s.; Frank M'Guire, 10s.; Alf. Hanson, 10s. • For using certain language, Alfred Hanson was fined 40s.