Heavy Traffic By-laws.

Taranaki Daily News, Volume XXXXV, Issue 245, 14 November 1903, Page 4

Heavy Traffic By-laws.

IMPORTANT TO LOCAL BOfiflES. An action was taken by the Horowhenua County Council' against a defendant for refusing to pay the heavy traffic fee imposed recently by the Council. Counsel for the local body, in stating the case to the Court, said it was a friendly suit brought to test the validity of the heaTy traffic by-laws of the Horo--whenua County Council. John McCulloch, clerk to the..Council, produced a copy of the by-laws, also a copy of the local paper containing the by-laws as published by order of the Council. It was admitted the by-laws were not published in extenso. Counsel for defendant contended the Council had no power to enforce the payment of heavy traffic fees, because the bylaws pertaining to the same had not been published in accordance with section sub-sec-tion 4, of the Counties Act of 1886, which contains the following : "They (the Council's by-laws) sball be published ia the County 14 davs clear before coming into force." This the Informant admitted had not been done, except in an abridged form. After reference to the Counties Acts of 1886, and amendments, the Magistrate (Mr A. Thompson, S.M.) dismissed the information, saying it was apparently the meaning of the Act that the whole of the by-law shouM l*» published, so that the in-' habitants of a county might become acquainted with the nature and purpose of the by-law passed by the Council. Municipal bodies were exempted from this procedure, and their by-law did not reqjuire publication in the same manner aa the bylaw in question : therefore -he must say that the whole of the by-laws must be published to render them valid. Costs were allowed defendant.