MOTION TO QUASH BY-LAW.

Otago Witness, Issue 3655, 1 April 1924, Page 55

MOTION TO QUASH BY-LAW.

SUPREME COURT DECISION RESERVED. (From Ora Own Correspondent.) WELLINGTON, March 28. A motion for an order quashing the bylaw of the county of Westland relating to lorries, motor cars, motor cycles, and timber wagons was considered to-day by tne Full Court, consisting of his Honor tile Chief Justice (Sir Robert Stout) and their Honors Mr Justice Sim, Mr Justice Stringer, Mr Justice Salmond, and Mr Justice Adams. The grounds of the application generally were that the by-law was unreasonable, uncertain, and ultra vires, and the particular grounds were set out as follow : 1. The definition of private car in the interpretation clause of the by-law is so wide as to cover vehicles not contemplated by the statutes authorising the council to make the by-law. 2. The provision in section (8) of the bylaw to the following effect:—“No person shall (a) drive or cause to be driven any motor lorry, motor car, private car, or motor cycle on any road unless such vehicle is licensed in the manner provided by this by-liiw,” is unreasonable. 3. That the provision in section 1 of the by-law to the following effect: —(b) “No person shall drive or cause to be driven on any road any motor lorry’, motor car, private car, or motor cycle unless a number plate or number is affixed to such vehicle in the manner herein provided, and no person who is usually resident in the county shall drh’e or conduct on any road a motor vehicle unless he is licensed in the manner hereinafter provided to drive or conduct,” is ultra vires and unreasonable. 4. That the annual fees prescribed by section 4 of the by-laiv are unreasonable and excessive and have no validity. Decision was reserved.