COUNTY WHEEL BY-LAW.

Gisborne Times, Volume XIX, Issue 1532, 14 August 1905, Page 3

COUNTY WHEEL BY-LAW.

THE WINTER TYRE.

At the Magistrate’* Court on Saturday at tue iu b charged With r r - mn iiJ > en a dr7y without springs and JMB7SWW*«£*»-“ ‘ o M."s°ooM»»‘* a ‘ h * f M ?, 1J bj '* W t : nl , anl j then called evidence. q William sta'Td wheeled dray with KSI intSS There were u° springs ° D By°Mr B ii'ysuar; Witness had been ineiructed to examine wheels, and had done B °John Warren, County Clerk, gave evidnnce as to the passing of the by-law by the Council and the transactions of the Counoil “jRtJITiTd he understood that the defence was that thoy were questioning the vSv of the bylaw on the ground that thesußcial order was not properly made. a- 3 ix months had elapsed Bince the order i'J li it could not now be questioned Ts under section 127 of the Counties Act

l8 V 0 t the defence, Mr Lyenar said the “Sr-ru’s's was not confirm notice of the first to Ttin Z S P.0P..1J 1 SttS. public notice was given cl lb. th “*j niLc of the subsequent meeting time n P uc d eE eubaeotion 4of see?nn the Counties Act, 1886 ; (5) lion 804 no t properly adverthat the by-laws were n f f Mr vised io g!ound was that the Lysnar Unreasonable, and by-law was oppressive, u DrQoße ded in restraint of trade. He ‘Jen procee ,

His Worship Baid tboro was no doub that ha had power, if ho found tho by-lav unreasonable, to deelaro it invalid. Mr Lysnar also dealt with section 12' Of tho Counties Aot, roforred to by All Stock, which provided that attoc sn months from tho making of any” specie order,” no proceeding could bo taken tc quash it. Mr Lysnar pointed out that ic these prcooodiugs ho was not seeking tc quash tho order. Ho oontoudod that the " apooial order" referred to was not in ftoaordanoo with tho Act, nod therefore must bo treated as not in existence. In this oasn, ho said, the six months had not elapsed since tho making of tho by-laws. Almough passed by tho Oounoil about a year ago, they wore not published until on 3rd July last, at whioh time, ho ooutended, they wore made. If not, then it was open for tho Counoil to pass by-laws in any mannar they ehoßO, but not publish until six months afterwards, thon when tho validity of tho proceedings wore questioned the Counoil could say it was too late now, six months having elapsed. That was not oomtemplatod by tho Aot. Mr Stock pointed out that tho special order was not made at tho meeting on July 15th, but tho meeting of August 19th. Mr Lysnar had not shown that the meeting in August was not a speoial one. He had to show that tho by-law was bad, and had not dono so. Evon If he did so, the Aot provided that no Court proceedings oould be taken to quash a speoial order six months after it was made. His Worship said he was of opinion that tho by-law had been made in aooordonoe with law. As to whetbor it was void on tbo ground of unreasonableness would be a matter of evidence. Mr Lysnar held that tho by-law was unreasonable on the following grounds : (1) Wide tyres would skid on unmetallad roads when muddy and on tho hills, and therefore dangerous; (2) That wido tires out up tho unmetalled roads mors than those of less width; (3) That a man who drove 3 horses in a dray, whioh contained only half a ton, having 2J-inoh tyres, was breaking the law; yet a man who .had = springs on bis dray, with 2i-inch tyres, can have 5 horses, and oarry 8 tons or more, was not. Mr Lysnar gave other grounds, and quoted authorities on the subject, and then called evidence. A. D Hay, plaintiff, stated it was not safe to travel on the back roads with a 6-inoh tyre. If ho were compelled to use suoh tyre he would not drive at all. Where there was any slope 5 inch tyres would slide off the road. The present tyres were bad enough. With wider tyres it would be muoh harder for the homes to pull. By Mr Stock: The danger witness referred to would not only apply to wet I times, but on dry roads it would bo dangerous at certain places. Narrow tyres were liable to slip. Witness considered it unreasonable to have suoh a bylaw for four months in the year. His Worship at this stage regretted he oould not give further time to the case that day, as he had to prepare for his visit to Wairoa* on Monday. He hoped other carriers would refrain from using narrow tyres until judgment was giveD. The case will bo farther heard on tho 21st inßt.