R.M COURT, HAMILTON.

Waikato Times, Volume XXXI, Issue 2555, 24 November 1888, Page 2

R.M COURT, HAMILTON.

Thursday—(Before Capt, Jackson, R.M.) Important Decision. Waikato County Council v. W. M. Hay, breach of by-laws by driving over the Narrows Bridge at other than a walking pace. The Court delivered the following judgment in this case :—ln this case it has not been provod that the Waikato County Council have the legal control of the Narrows Bridge. This bridge spans the Waikato River, and connects the counties of Waikato and Waipa. By the 9th section of the Public ,\Vorks Act, 1884, which Act was in force when these by-laws were made by the Waikato County Council, it says that every bridge across a river at a point where the two banks are in different counties, whether or not the Counties Act of 1879 is suspended in either of such counties, or in both, shall be under the control of the Governor, or of such one of the Counties, or of such local authority within each of such counties, as the Minister from time to time may direct. Now, it does not appear that the control of the Narrows bridge has been given by the Minister to the Waikato County, as provided by the above-mentioned Act, and the informant in these cases, the nlerk of the Waikato County Council, knows of no such control being given by the Minister, and lias nevor seen any document relating to them on the matter. I am therefore of opinion that the Waikato County Council had no legal power to make this by-law as far as the Narrows Bridge is concerned.

Raiibit Inspkctob v. Mills.— Reserved judgment. The defendant was fined 20s and costs. Mr Hay gave notice of appeal. Sasik v. McXaul. —Judgment was further reserved, pending the appeal in the other case.