COLLECTION OF MOTOR FEES.

Taranaki Daily News, 16 January 1917, Page 8

COLLECTION OF MOTOR FEES.

IS THE BY-LAW VALID? The validity of the by-law authorising the collection of motor license fees was questioned at last evening's meeting of the Borough Council. Messrs Smart Bros, forwarded a newspaper clipping showing that a Southern magistrate had Upheld a legal eontention tljftt a municipal authority had no to make a by-law compelling drivers of motor-cars and bicycles to obtain a license to drive such vehicles. The magistrate had added that the licensing of private carriages and the imposing of tests of skill have never been the subject of municipal regulation, control, or prohibition. Messrs Smart Bros, asked 'that the matter Do considered, and that the fees they had paid be refunded if it was found the Council had no power to initiate them. „ Mr. f. F. Martin, counsel to the Municipal Association of New Zealand, reierring to the matter, wrote stating that the magistrate's decision agreed with an opinion he had previously given. Those who bad paid for certificates could not demand refunds, for the payments were not made under compulsion. The parties could have driven and then contended the right of the Council to collect fees.

Cr. Medley: Can I get my 10s! (Laughter.)

Cr. Griflitlis said it was much easier to pay the fee than "„o Tight. > Cr. Monteath: That is hardly the position for the Council to take up.

The Town Clerk: I instructed the inspector not to collect any further fees in the meantime. He told me that a case was coming on at the Court on Thursday. Cr. A. H. Johnstone: A magistrate's decision is not an authority. A case would have to be sent on to the Supreme Court before the by-law concerned could be said to have been tested. My opinion is that we should cease collecting in the circumstances. The matter should be sent on to the borough solicitor. Cr. Monteath: If a man doesn't defend his case, it is not fair to go on collecting a fee when there is a suspicion it is not right to do so. Cr. Griffiths: This 'natter i? of general interest and concerns most local bodies. The matter was referred to the borough solicitor.