Loltering in the Streets.

Taranaki Daily News, Volume XLVI, Issue 293, 15 December 1904, Page 2

Loltering in the Streets.

. —»_ ,*j AN AUCKLAND BY-LAW '"."l QUASHED. > J NOTICE OF APPEAL aiTOM. * (Per Press Association.) .#£ AUCKLAND, Dm, l&jj A( the Supreme Court to-day, jK; Juatioe Edwards gave JttdfSMRV,. 3 at application by John D»vi<K J3 .udioial definition by Auckland City Council, r **-3"3 •' No person U»all 1«1» J IoUOW.M ema,in in ot upon,- •«*> ***""■ iB .ato street, footi* .-„;,»"? »t"fW y% ise the aajns ' .>** E " or ™ otw *) r such a, msnr »or such tliw, or ■ m lact ot S* 1 aer *" ahall fc***-**!!! free, w' atructing or dlsturbta(j| tig mus* thereof, or access **..*3| \o.'' - or building in or near wen! ,- ' The grounds upon which ought to quash tMi by-law werWß k l) lhat it is repungnant to U»,Mi t ice Offences Act, 1884 ;; (2) that H|l , ncertttin ; and (3) that it Is ~»M| . reasonable. ' 'M Ills Honor concluded as follopr* ill " The by-law under consideration m ; ,:ocd if it can .be justified as bSjtcH B .airly for tho good rule and goywl f uient of the borough in any respjn I or as being a reasonable regulatM . lor the use at the streets." Tholra , throe prohibitions, continu><U 1m . Honor, were absolute. II this jm , law were good, the first offence Ml \ atad by.the by-law was coininlttool i any person was slow in movia : ttloil K any street in anv part of th . city at an early hour at tin du . Any penaon who in the early how . of the morning end in a reaMmtii Cart of the dty, moved slowly a . and down? any street was an oOq dor, aiJd liable to a fine not eras) >ng £2O, although tftew. was « another jwrson in tho same sifts' Under this second offcnee the by-law a person was an ufJtfflW who stood in » street waiting ttM tram ortßlkjagto a friend, or <||H «y into a shop window. \jSm though ho in bo. way otatr&M traffic or caused itfeouvwrionce HI •annoyance to others, A was difflfjS to say what the tWinl class on 9 r2f?_. was '""endul to i"»ver. ItM %2£*s ,0 """""to c* upo» » eireeti etc. A person in » seass^i JICI" 1 2, U£ ««£ * '*% m "om one end to the at*JL starting pojaj. Councru-trf?J*^| biodm by UU. by-law, b rt* u JU% sramwaWcal conrtruetion words used, It was plain U»at*«g was not so. The by-Uw tmisTtMt tore, he with eostl (JZ Notice o( appeal was giraa. „ ,tJ