DROVING STOCK

New Zealand Herald, Volume LXXIII, Issue 22524, 15 September 1936, Page 12

DROVING STOCK

BY-LAW UPHELD THE MAN UREWA ROUTE COMPLAINT ABOUT CONDITION AN UNSUCCESSFUL OBJECTION A by-law governing the droving of stock through Manurewa, which was introduced by the Manurewa' Town Board in February, was unsuccessfully challenged as unreasonable in the Magistrate's Court at Otahului yesterday before Mr. W. It. McKtian, S.M., when Robert It. Watson, a drover (Mr. Elwarth), was charged with driving stock over a prohibited road on August 18. Mr. T. J. Fleming appeared for the town board.

Robert Forbes, foreman of works, stated he saw defendant driving eight head of stock on Massey Road. The prescribed stock route between the Great South Road south and north of the township was through Mahia, Coxshead, Russell and Brown's Roads. All other roads in the township were prohibited unless a special, permit was obtained from the town board,. To the magistrate, witness stated that the route was about two and a-half miles longer than the direct road through the town. He would not admit that the stock route was impassable. Allegation b,y Counsel

"We attack' • the by-law on the ground that it is unreasonable. If we can show that the route was impassable and unable to be used the by-law becomes unreasonable through the restrictions it imposes," said Mr. Elwarth. ' • . • ■;

Giving evidence for defendant, Sidney J. Climo, stock agent, said the stock route was over boggy, swampy and clay country for the greater part of a mile. It was unreasonable to expect dairy cattle to be takon over the road. They arrived at the salevards in a distressed and dirty state, and their condition reacted on their values. Adam L. Collie, farmer, of Manurewa, said the by-law called for stock being driven for an unreasonable "distance Over bad roads. Mr. McKean: Have any objections been made to the town board? —I do not Live in the town district and do not know.

Mr. McKean: If nothing has been done in that direction, why attack the by-law? Most local bodies will listen to representations.

Banger in Township Alan Breed, traffic inspector to the board, said Coxshead Road was in a bad condition, but no worse than had been the sides of the Great South Road some years ago. The board had received • repeated complaints of the danger and damage created by stock 'going through the town. Bulls had entered the school grounds. "Like ovory other by-law, this one imposes restrictions on the liberty of the individual, and as such is resented," said Mr. McKean. The userß of the route had substantial cause for complaint, as one portion was cer- ' tainly very bad. Wherever a by-law was attacked, however, it was the duty of those attacking it to show the Court whereiu it was unreasonable. The passage of stock caused the BtaW of the road, and if permission were given to use Massey Road it would probably become just as badly cut up as the present route. "I have not the necessary information before me to come to the conclusion the by-law is bad or unreasonable, and defendant must be convicted," added Mr. McKean* A fine of £l, with costs, £4, was imposed.''