RULING SOUGHT

Opotiki News, Volume II, Issue 209, 19 July 1939, Page 2

RULING SOUGHT

CONSIGNTIKNT 01' STUCK DECISION BY MAC ISTJ {.VI' K A ease adjourned from tlit* Opotiki Court and of interest to transport interests was heard before -Mr. E- L. Walton. S.M., in, the Magistrate's Court on Monday, when the Iransi)ort Department-, through one of its officers, proceeded against Amalgamated Transport, Limited (Mr. D. Li; Clirisp). the defendant company being chargedi with carrying stock while not tlie holder ol the consignment note required under the provisions of the Stock Amendments Act. I IMS. Inspector Delves. Whakataue, who appeared for the department, said that the facts were not in dispute, desired a ruling on the question whether the employers could he prosecuted for a breach ol Section 2 ol the Act, or whether the -proceedings must he taken against the driver. After hearing legal argument, Mr. Walton gave judgment in favour ol the defendant company, dismissing the information on the grounds that the section ol the Act- was designed to compel the execution of consignment notes, hut that- the language of the section made it- clear that the duty of complying with the terms of the section fell upon the person driving the vehicle and net upon the owner of the vehicle.