BY-LAW CASE.

Wairarapa Age, Volume XXXII, Issue 9609, 1 October 1909, Page 5

BY-LAW CASE.

JUDGMENT FOR PLAINTIFF. hi . , £ Reserved judgment was delivered A in the Magistrate's Court, Masterton, yesterday morning, in the by m law case heard a fortnight ago, in g j which Thomas J. Dean was charged £ on the information of the Borough g| Inspector with driving a cart for fc] hire within the Borough without a license. Mr H. C. Robinson, counsel for defendant, had raised the, following r objections:—l. That defendant was g not liable to pay license fees because he did not cart wholly or mainly g within the Borough. 2. A man cart- g ing gravel was not plying for hire. t 3. The by-law was bad because it J imposed a license on the cart instead f of the driver, and also that the bylaw was uncertain. ( Mr C. A. Pownall, counsel for plaintiff, contended that the cart came within the definition of the bylaw. Mr R. H. Turton, the presiding Magistrate, in delivering his decision, held that certain clauses in the bylaw did enable the licensing of veh - cles; that it was shown that defendant carried goods for payment in an un licensed cart and therefore came within clause 2of the by law; that a > breach of the by law had been com- ; mitted, and, as defendant had received warning through the papers and disregarded it, there appeared [ to be no reason for a nominal pen-- ■ alty. Defendant was convicted and [ fined 40s and costs £1 Bs. 35 ( > A similar fine was imposed on " fU £ole, who had previously agreed j • jto abide by the decision in the I 1 / above case. jt' Mr Robinson .'applied for leave of Q £,lO. ung woman named! Duff, cold at the Bluff ' a H. Barraelough. Lung Balsam,