EXCEEDING THE SPEED LIMIT

Nelson Evening Mail, Volume LII, Issue 167, 12 July 1918, Page 4

EXCEEDING THE SPEED LIMIT

A f MOT.O«I'ST FINED'

At- the Magistrate's Court to-day, before Mesetrs .W. Lock .and J. . Clpgg, Justices, Edwin, A. IP. Ebbett -"-n9 charced■ ■under By-law No. 1 of the C'jty of Nelson, that he drove- a motor car in Collingwood' on Junie 6lh at a greater speed than 12 miles an hour. Defendant pleaded not guilty, and • was defended by Mr> Hayes, who raid .it woiild be admittedl that defendant ■ drove at more than 12 miles an: hour. jit was intended to attack tho By-lnw. I Seniori-Sergeant IBaaTett stated that j the information was laid under .Section .460-of the Sign-posts had. 1 been erected in Bridge street, at the ! Port and on the Rocks Road, notifying that the s.peed of motor cars 'was 'not to exceed 12 miles an hour "In 'the City : . Mr Hayes contended the inforinat;ion should state undter which section of the By-law it was ■laid. By-law N">. 1 dealt with all sorts of things, and the information was not clear ono No sign-post been . erected" in. Collingwood stoeeti "'■ and he contended that *there must be a sign-post 'in eveiy street in which a greater sjjeed tlwn 12 miles was considered dangerous, Collingwood street being one of those specified in the By-law. If that was not done the Bench could not convict. r Mr Lock said tho Bench cvantsd to deal with the _facts of the case rather than technicalities. The .n'formarion might be good or badi, but Wfc Berth wanted to get at the equity of tho c.t-o. Mr Hayes said if the informati.iiij wa* had the Court should not convkt bis client.

■ (Senior-Sergeant Barrett pointed 0"t that Collingwood street was named' in the Bv-aw.

3Vtr Hayes quoted the judgments of magistrates and judges an support'of a point that a Corporation by:law_ must be subject to Sectiort-6 of itlie Motor Regulations Act; .A sign-post' in- BrlcVga street was not a warning in respect of Collinacwood street.

Senior-Sergeant Barrett said an appeal case hart over-ruled the point .raised by Mr Haves. •Mr Lock said_ it would l be absurd to have sign-post^-in every street. Mr Hayes: The Act requires' it. Mr Clegg was under tlie impression that there was a sigi\-post at Colling, wood Bridge. n Mr Lock said the Bench took a common sense view of the case. The Tsvl;iw bad been advertised ,amd every motorist knew that the speed. limit in' the Citv wa s 12 miles an, hour. (Mr Hayes said that.if the BencK was not soing to deal With the law" the c'*»jse should he adjourned to come before tlje Magistrate. . "\ ,!\PessTiS Lock and they were quite prepared to let the -case' go to the Magistrate. Mr Clegg: We ai'e not lawyers, but we take a common sense, view of the case.

j Some further argument took iplrce, and Mr Lock then said, he/was pre- ! pared to give a decision right awny> ■) even though there might be something I in the technical point raised.. I If'was agreed that the" case be reI ferred to the Magistrate, when | JQTie. Olerk _of tthe 'Court' 'eugcrosted , that the Magistrate might not take the ; case, as Justices had started with it. [ He instanced a cose where a Magistrate had taken this (stand.

j Mr Look said that if the Magistrate refused to take the case it would.come : before the Justices again'. i Senion-Sergeant 'Barrett asked the ■ i Bench to go on, and convict or dismiss, j The request of Mr Hayes- was a most i unusual one, and was not fair to the ! Bench when there was jurisdiction, ' Mr Hayes said it had been don© be-' fore. " .'

. The Clerk: 'Only ontce in four' years. ,Mr Lock said the Bench would, retire* to consider the matter. . On returning tho Bench said the information had" been laid, under rthe Bylaw and it had beem admitted thnt defendant drove at more than lG.milesan hour. A fine of 10s would be imposed, with 7a costs. i

(It may bo statedi that there *s -a sign-post' at Collingwood Bridge.)