WESTLAND COUNTY BYELAWS.

Hokitika Guardian, 16 July 1924, Page 2

WESTLAND COUNTY BYELAWS.

I MI’OKTANT Al’l’KAL COI’HT judgment. NICHOLSON v. WESTLAN D COUNTY COUNCIL. .Messrs Park and .Murdoch (Solicitors ii'i- i|,e AVcsiiaud Countv Council) have just received advice of the Appeal Court judgment in the case “Nicholson v. The Westland County Council” in an abridged form. The following are the important parts of the judgment :- I. —The principle of tie.' By-law as a whole has been eoidirtued by the Court of Appeal and the County Council has succeeded in framing a By-law imposing a vehicle lax upon motor ears, motor lorries, private ears, timber waggons etc., using the County Roads within the AA'estland County.

The Court has amended several ol the By-laws in detail, for instance, the owner of a private car not resident in the County, such as visitors, arc not bound to take out a license immediately on entering the County bill, three days’ grace is given in such eases. Put they are not exempt from paying license fees.

■J.—A motor sail' is delitied as “means any vehicle having not less than three wheels prnoelled bv iiiechanicitl power used for the conveyance of passengers for hire or for the conveyance of goods or merchandise whether lor hire or not but shall not include a motor lorry or a private car as herein defined rc.-pect-ivolv.” ;t.—A liccm'• mav be issued lor three, six or nine calendar mouth- at license fee- bearing the proportion to the yearly |)*e -Cl out ill the By-laws, and a license lor a private car may also be i -lied for ».M" calendar month at a tee of os. I. No license to drive a motor lorry, motor car or private car shall he granted l" any nersnii usually resident in tin* County mile-- be i- tile holder of a certificate of competency.

The result of toe Anneal Court ill figment iustifics the ail ion oi the W"-t----laud County Council in passing the by-law, and will no doubt be received with satisfaction by the members of tile Council, and will he she means ol recouping to the Council a substantial proportion to the Heavy cost expended in the upkeep of tite County roads. One important feature disclosed by the judgment ol the Appeal Court i = that license fee slur oviucles iieed not be taken out for the full term of a year but, may be split up into i|iiarterly or half-yearly periods at the option of the licensee.

The full text of the judgment will probably appear in our Friday’s i--ue. in.* case is of great interest to W'e-t Coast local bodies in particular. Tim (.rev County Council endeavoured of. two occasions to have a hv-law to meet the position, but oil each occasion the Court upset the main provisions of the by-law. At the outset the Westland County endeavoured to unite the Coast Councils in a by-law for the four districts. but two of the northern Counties declined to co-operate, and ultimately the Westland County elected to proceed on it.s own initiative. The bylaw as framed by the Council's solicitors (Messrs Bark and Murdoch), now has the full effect of law. and steps will bo taken, no doubt, without delay to enforce the provisions in order to raise tile revenue required to maintain the roads more satisfactorily.