STOCK ON PUBLIC ROADS.

King Country Chronicle, Volume IV, Issue 217, 16 December 1909, Page 5

STOCK ON PUBLIC ROADS.

The efficacy of permission given bylocal authorities to settlers to graze their cattle on roada was debated in the Supreme Court in banco, when an appeal from a decision of Mr E. C. .L'utten, S.M., was argued before Mr Justice Edwards. The appellant. Geo. Hay, was fined by the Magistrate for permitting stock to wander on a pobilc road in the Mount Wellington road district, although he claimed that he had sanction of the local authority for so doing. Mr McVeagb appeared for the appellant, and the Hon. J. A. Tote, K.C., for respondent. Mr McVeagh said the amount involved in the appeal was small, but the principle was an important one. The local authorities is the Mount Wellington road districrt had been in the habit of allowing settlers to permit their cattle to depasture upon the public road. His Honor: The question is whether the local authorities have power to endanger the lives of His Majesty's subjects? Mr McVeagb said the relevant clause to his contention was to be found in the Impounding Act, where it was provided that the penalty should not apply to cattle which were permitted by the local authority to depasture on the road. In reply, Mr Tote contended that the privilege or exemption conferred by the Impounding Act, was exemption from the general penalties of these other general acts. The penalty for leaving the cattle without proper guidance or without being attended to > still applied. His Honor said he would commit bis writing to judgment.