THE RAILWAY BY-LAWS.

Evening Star, Issue 10782, 17 November 1898, Page 2

THE RAILWAY BY-LAWS.

SEASON TICKETS MUST BE SHOWN WHEN ASKED FOR. Mr Carew, S. M., gave judgment this morning in the case of the Police v. Robert M'Culloch. The case was heard on the 10th inst., Mr Fraser appearing for the prosecution and Mr Sim to defend. The charge was that defendant did not given up his season ticket for examination when it was asked for by the guard of the train. His Worship now gave judgment as follows ;

The by-law under which this information is laid purports to have been made under the Public Works Act, 1882, section 144, subsection 5, and it is contended that it was ultra vires until validated by operation of section 57 of the Government Railways Act, 1887. The Act of 1887 was subsequently repealed by the Government Railways Act, 1894, and subsection 9 of section 4 of that Act provides that afl jby-laws and regulations made by the Commissioners under'that Act shall continue in operation as if they had been made under the Public Works Act, 1882. Mr Sim contends that the effect of the repeal of the Act of 18g7, plus the provision referred to, is to do away with the validation of the by-law effected by section 37 of the Act of 1887, and to leave It open to any objection that could be maintained as a by-IdW made under the Act of 1882, or. in other words, it must be dealt with as though it had never been validated by the Act of I>B7. The Government Railways Act, 1894, was passed in October of that year, but did not come into operation until January 1, 1895. The Public Works Act, 1894, came into operation on October 24,1894—that is, before the Government Railways Act, 1894, came into operation. Section 290 of that Act repeals the Public Works Act, 1882, and the last paragraph of section 189 provides fftat “ all fares, rates, charges, by-laws, and regutatihna |n operation until the passing of this Act shall continue operative until cancelled or confirmed under the provisions of this section.” The position, then, is; That the by-law was a valid by-law in operation immediately before the Public Works Act, 1894, was passed, and by section 189 all by-laws in operation at the passing of the Act continue operative until cancelled or confirmed, therefore the validation of the by-law by the Act of 1887 is kept operative, and the by-law is Valid. The evidence proves the charge, but there was no fraud intended, and a small fine, with costs of court, is sufficient. Mr Sim interrupted Hie Worship to point out that M‘Culloch was originally brought to the court on a charge which was insupportable and had to be withdrawn. He (Mr Sim) asked His Worship to take that fact into consideration in fixing costs. Mr Fraser replied that he left the question of costs entirely in His Worship’s hands. jSis Worship : Defendant is convicted and Qxed Qs, with costs of court lls.