BUS LICENSING CASE

Hokitika Guardian, 22 October 1930, Page 2

BUS LICENSING CASE

VALIDITY OFBY-LAW.

CONVICTION fAT NAPIER

N APIER.;-Obt. 20

Following the recent prosecution by tlie New • Zealand Ritihvays ’' department ot .Maleoini Taylor on a' charge of plying for ’tide ak a borough omnibus -witi;' a mOtor-cca'b, ,Mi A. 31. Mowleni-■ this ’morning ci el i vpi-ed his reserved, ij tidighien t , a ncl entered a conviction ’against defendant, 'imposing a hne of ,£2 and £2 Ids. costs. Security for appeal, was fixed at £lO 10s. .His* Worship stated - that, under 1 the by-laws, defendant did hot possess the license requisite for hint to ply in tlie way „he had, ; been doing, 'l'p enable fom to continue as he had, but. within thft limits iof. the by-laws, he required • license for a borough ,otnnlbu«.

At the hearing the facts were not disputed, counsel for defendant notifying 'the Court that no evidence was to fee called. He relied on the assertionthfit..the by-law was invalid and lie, submitted that the, point at issue was decided by Mr Justice Qstler inthe cape Wilson versus Hamilton Borough Council. Counsel further relied oil ths fact that no prosecution of any kind had been commenced against defendant though tlie licensing authorities knew defendant’s method* when this license was renewed last June. v- ; ' / - After a search though .the of the Napier Borough by-laws, ’ his Worship did not think, if application wi?i-e made to the Supremo Court tp quash’the council’s by-law, in so "fair as it referred to ’horough omnibuses, on-," the grounds of ■ unreasonableness, tlie same success, would result.' as wj»s obtained in the case of \Vi)cocks versus Hamilton Boro ugh Conn HI. • Hfs Worship was satisfied- that the ion of Mr Justice'Ostler did not apply to the facts and circumstances of this case. By section 032- of by-law XXIV it was an offence to drive a vehicle "of any class other than that specified. in the license. Defendant was therefore convicted;. Similar charges against three other defendants in the same service were adjourned- sine die, -‘pending the issue of the appeal.