HEAVY TRAFFIC

Hokitika Guardian, 28 July 1924, Page 4

HEAVY TRAFFIC

A BY-LAW QUESTIONED.

CHRISTCHURCH. July O'

In I be Magistrate's C'cint yesterday, before Mr Wyvern Wil-on, S.AL. W illiam Thomas Henry, carter. i:f Rangiora, pleaded not. guilty to a charge that being ait owner of a vehii le engaged .in heavy traffic he .lid | ermit it to Ii" driven along Durham street. Die vehicle not being licensed, iontrary to .Section 7 ef the Chri-ti hitivli Local Bodies Heavy Trallii- By-law. Air 11. 11. F.oiigiinan a; |:r a red lor tin Chi istvlni'-. h City Council, and Mr I!. Twynehi’.in appeared for the defendiint.

Mr I. mgliuau .said he under.stii.id tin* dcfoiid.-iiil adiniti 'il lie lincl engaged ill heavy l:afih- on Durham .-tl'eet. anil llu.it ho Ilii-.t laihil t.i |.:iv the lii-enw lYe. :• 111 11 ■:>)i la- liml I .-n appi ;a he! liy t!i.- oiithnrilic.s. Mr Tv. v i ii-li:i ni suiil it- was at!.nit Ini tlml tin- defendant liml engaged in Imivy triilhe, mill llutt In* ms ml lieen-ed l>v tin- l !i’ ist-huivh C ily C.iiiii,!!. ;i!t 1 11 ;t i <411 la- w:i- licensed by ilu- Kangiora Ror-mgli Cimiicil. ( oun-si-l submitted that --eneral 01-.erva-timis si nit! !il tir-t la.- nuuli. Tin* piiljlii- highways lia-.l ln-i-ii formed In carry heavy trallic. anil llii-v belonged i> the |>u! >l ii-. Inn ilu- ptihlie'.s right to them lntil In-in cnii-t.: ii-ti-il iiinlcr tin* Statute, and liy-lav.s. He i mitciidi-d that tlicrc «;i, mi provision in tin- Ai t which onahlt-d :i Council ci- Roruugli Council tu make a joint Inavy Gallic h.v-ltr.v with tin- City Ciuiin il. therefore iho City Council had absolutely no ].-)V,i-i- to enter into sinji a by-law of a Borough (.'oiim-il anil make it a joint hy-law. Counsel also submitted that tin- City Council had not exercised .snfiieient care in- framin'; tin* heavy trallic by-hr.v. 'l'lie defendant, in evideiiee. i-a-iil that en the day he* had engaged in traffic mi the street lie was Iviiiging passengers from Kangioi'a to Ch.i-ist-ehmvli. lie was not liielised under the City Council's hy-laws. Imt he v.runder these in Rnngiora, and most of lii.s work was done in Rnngiora. hut sometimes his work inriied him through eight i ounties. lie iiistan.-:-ed a road wliieh he -rid had heel) considerably improved by the use ot his lorry (wliieh weighed alnmt four tmis. and wliieh travelled between 12 and In miles an hour) oil it. .Mr Lough mm submitted that through the Public "Works Ait the C-ity Council had not joined with any Borough Conni.il ill making the bylaw. but had framed it through the power eonlerrod by the Municipal Corporations Aet.

Tli.s Worship said that he would give a written--judgment:*