SUPREME COURT.

Otago Daily Times, Issue 16152, 14 August 1914, Page 3

SUPREME COURT.

IN BANCO. (Before his Honor Mr Justice Sim.)

His Honor Mr Justice Sim sat in Banco yesterday morning. The first matter brought before his Honor was a motion lor an order absolute to strike John barrister and solicitor, off the rolls. —Mr Kinch appeared in support of the motion, which was reserved for the consideration of the Court of Appeal.

The next was a motion by Craig and Co. to quash a by-law of the Tuapeka County Council The by-law was as follows:— Clause 13: "The width of the tyres of the wheels of every cart, dray, wagon, lorry, or other vehicle of the same class used on. any county road shall be regulated in proportion to the number of wheels and the weight of the load to the follow.ng scale." Then followed tour clauses regulating the width of the tyres of vehicles tvith two wheels, and four clauses fixing the width of tyres for vehicles with four wheels. Clause 14 reads'as follows: —"Every driver or person in charge of any vehicle of the class mentioned in the preceding section on any county road, the load of which vehicle shall exceed the maximum fixed by the scale in the preceding section for the width of the tyres of the wheels of such vehicle, and the owner of any such vehicle permitting the eame to ic on any such road shall be guilty of an offence." Mr W. C. MaoGregor and Mr M'Kean (Clyde) appeared to move, and Mr A. S. Adams to oppose, the application.

Mr MacGregor said the motion was to quash clauses 13 and 14 of By-law No. 1 of the Tuapeka County Council. The motion was made on behalf of certain carriers, who said the by-law was invalid, because (1) it was uncertain; (2) :t was'" unreasonable and oppressive; (3) it was unequal in its operation; (4) it did not satisfy the requirements of section 139 of " The Public Works Act, 1908," in that it classified some vehicles and did not deal with others. In sections it was expressly stated that all vehicles should be legislated for. After argument his Honor intimated that he would take time to consider his decision. CIVIL OASES. The civil sittings of the Supreme Court will commence on Monday, and the. following are the cases for hearing: —' Thomas Burton Purves v. John Mosley.— Claim £501, damages for malicious prosecution.—Before his Honor and a jury of 12. New Zealand Times Company (Ltd.) v. Wellington Publishing Company (Ltd.).— Libel.—Before his Honor and a jury of 12. Edward William Cliff and Others v. Edward John Bryant and Others.—Claim that amended rules of U.A.O.D. are ultra vires, and for injunction.—Before his Honor alone. Charles T. Trindter v. Johanna Trinder and Albert L Ayew.—Petition for divorce. —Before his Honor and a jury of 12. James Page v. Martha B. G. Page and R. Kennard.—Petition for divorce.—Before his Honor alone. Abdo Musi v. Ella Musi and James Yaxley.—Petition for divorce.—Before his Honor alone. WELLINGTON SITTINGS. ... (Pm Ckitid Hbiss Association.) WELLINGTON, August 13. At tho Supreme Court, Daniel o*Keefe, for theft from passengers on the steamer Nikau at French Pass, was sentenced to three months' imprisonment. Frederick David Plimmer, postal employee, convicted of the theft of a letter containing money, was sentenced to 15 months' imprisonment. Frederiok Lagan was convicted on a charge of theft of a watch, and sentence was deferred. Charles Ohadwick was found guilty of attempted unnatural offence, sentence being deferred.