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Otago Witness, Issue 3757, 16 March 1926, Page 9

UNREASONABLE BY-LAW. LOWER HUTT ROAD. WELLINGTON, March 10. A reserved judgment was delivered by Mr C. R. Orr Walker, S.M., in the case in which the Lower Hutt Borough Council proceeded against A. B. Sievwright and D. J. Ryan, for exceeding the speed limit of 20 miles per hour between the railway station and Wakefield Btreet, Lower Hutt. At the hearing Mr Sievwright, on his own behalf, and Mr A. Pere, on behalf of Ryan, submitted that the by-law i* respect of the portion of the road under discussion was unreasonable and invalid. Evidence was given that recently, by a resolution of the council, only motorists exceeding 30 miles per hour on the road were, prosecuted. “It seems," said the magistrate in giving judgment, “that at least six out of eight members of the council were in favour of prosecutions not being taken, unless the speed of motorists was over 30 miles per hou*. I am satisfied from the evidence in this case, from the fact that the local authority and the engineer have come to the conclusion that it would be unreasonable to enforce it« own by-law that a limit of 20 miles per hour it unreasonable. I therefore hold tnat the bylaw, as it affects that portion of the road under discuirion. is unreasonable and i» valid." .