SUPREME COURT—IN BANCO.

New Zealand Times, Volume XXXIV, Issue 5649, 8 May 1879, Page 3

SUPREME COURT—IN BANCO.

Wednesday, Mat 7. (Before his Honor the Chief Justice.) FELL V. GULLY. Appeal from the Resident Magistrate’s Court, -Nelson. Conviction quashed. Messrs. Connolly and Pitt for appellant. HILDEBRAND V. STRIKE. ’ : i " Appeal from Westland. Appeal dismissed with costs. . " , ’’ ATHENjEUITCOMUITTEB V. MACE. ". Mr. Travers obtained a rule nisi calling upon defendants to show cause why the sum awarded by a jury should not be reduced. i BISHOP V. MACDONALD. Mr. Travers moved for a rule nisi calling upon plaintiff to show cause why he should not be non-suited. Granted. MINIFIE V.' MARTIN... Mr. Gordon Allan obtained a rule nisi to sat aside an award. The Cpurt then'adjourned. FELL CHARLES YATES, APPELLANT, AND HARRY VINCENT OULLY (TOWN CLBRK), RESPONDENT. The Nelson City Council passed a by-law for the prevention of the spreading of gorse, sweetbriar, &c,, under the 186th section of the Municipal Corporations Act, 1867, by which the Council had power to make by-laws for any of the purposes for which the several subdivisions of the 13th schedule provide. The" Chief Justice held that the only pur-, pose within these sub-divisions which the bylaw in question could be intended to provide is, “ fire prevention,” and was of opinion, inasmuch as by the wording of the by-law, young green gorse was included, in fact gorse in all stages except in a properly trimmed hedge, and not confined to gorse in an inflammatory condition ; that it was. not aimed at fire-preven-tion, but rather at the prevention of the dissemination of gorse, &c., and as it was not limited so as to be applicable only to gorse of an inflammatory condition, it must be declared invalid, and the conviction against the appellant quashed.