S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4749, 16 June 1894, Page 2

S.M. COURT.

MASTBRTON-SATURDAY. (Bcforo Mr T. Hutchison, S.M.)

North Wairarapa County Council v. J.Taplin, j Mr Board for the complainants, stflted 'that this was an act. committed against tho By-laws of tho County Council, The Council had to take certain precautions to protect their roads in tho interest of jthe ratepayers, He would ask for a light line, Mr Pownnll, for defendant said that he did not admit the making of tho Bylaw, His client admitted that a fourwheol goods brako drawn byfivo horses with tyres of whcols of 2J-inches, had been on the road and at tho dato mentioned in tho information,

F. 6. Moore, Clerkof County Council, deposed that the resolution was publicly notified onMarch6fh,aud thenceforward at a week's interval. TUc By-lawswere deposited in the office for public inspection on the day of this meeting. Mr Pownall for tho defendant stated that his contention wa9 tliat his client had committed no offence under the Bylaw or the Act. Under tho By-law relating to this matter there was no power to limit the number of horses, although thewhccUyro was pcrniittcd to op limited. The contentions wore tliat thoy had no to limit tho numbpr of horses, and even if they could, it was not within their power to impose a ponalty, The words of tho By-law ran "Shall use four horses." This was intonded uot to limit tho number of horses, but regulate the breadth of tho tyro in comparison to thowcighf. ' Mr Board replied that tlje By-law and the schedule wcro in proper conformity Tyitk the Act, Tho jncauing of the Syr lw was that a man with a brake, whoso tyro was of certain width, must not nso moro than four horses,

Mrl'ownall then called tho defendant, ! who stated that ho used firo horses, not to carry a heavy load, kit to make the work for the horses easier.. Ho found that it was cheaper to keep five horses than to keep four, tho assistance of the fifth horse saving the feet of the others. By His "Worship: Tho load mado absolutely no difference to his horses, He considered that four horses could perhaps draw a ton. Mr Beard called C, E, Bfemner, Engineer to the Council who stated that the By-law had bcon passed with a view to relievo tho roads from the traction of ! excessive weights. Using fivo horses increased tho weight carried, and tho increase of the pressuro ou the road. Thcro were no woigh-bridges iu the district, and the only manner in which check could be kopt on tho load carried was by Jhc number of horses aftached to a vehicle.

His Worship asked Mr Beard whether he desired judgment at once as,a precedent'.' Hp'would rallicr have somp tinic to consider the- matter and deliver a written judgment. Mr Beard answorcd that he would rather receive judgment at once, as he was instructed to lay six informations hujder the same By-law, His Worship, jn delivering judgment, inid: It is admitted that tho By-law is correctly drawn up in accordance with tl)c Cqunfies Aef. The objection mado is to the Bchcdulo. Under tlio Act the Council is allowed to use either one or two measures or staridardsT-cithcr the wpjght, of tip load or thp number of horses _ used.' It miglif; bo ijibyc convenient fo specify tlio weight than take tlje number of horses. Still,'Mr pFen)ncr's reply is very' sufficient,'.why it was no); done hero. Consempntly, they Usotfostandard'oi'thb'nttmuerofftqrsos. [ltakeittliat tho object of this standard, it bp weight or 'ntimb'or of horses, It to arrive at tho'samo object, namely to rogulatdthowidtli of tholyres, withroforenco to'tho weight of tlio load. Practically, the rosult •of naming four korje'r-ig that tne-'>pcrson using tho vehicles can only load up with the re« quired" ycight^^h^reaKonjvhwttic

:tf; increase thefflno'to'the Amount :rei|;s^ [quired by tho Justices of the Peace '&M0!& in order that' I mte appeal, '%.i : U^OM His Worship: ,iTou can. appeal :'<n&m !«• '■ -v' ,''■-:■' ■■'.- : Mr Beard applied for; witness's ■m'ss penscsrand professional fees, His ship decided not tograntthose, as itwas simply a test caso, ■ i y :^&^ Gayfor v. N.Z.D.F.U.-On plication of Mr Pownall, argument "»«!?$ costsin this caso was reserved day next. '.•' ■ ■','■.,' , ..'..■.. :r^ ;^