TRANSPORT ORDER

Poverty Bay Herald, Volume LXII, Issue 18757, 13 July 1935, Page 15

TRANSPORT ORDER

HELD TO BE VALID GOODS SERVICE LICENSES (Per Press Association.) WELLINGTON, this day. The Full Court to-day delivered-judg-ments in the cases of Wilson v. Barrett and Fairhurst v. Robins, heard together by it in June. Judgment was delivered by the Ohiel J ust ice, Sir Michael Myers, who said that the difficulties raised by the uagistrntcs were, more apparent than real. In the opinion of the court, view submitted by Mr Currie was correct, and the Order-in-Couucil was valid savp for inclusion in section .36 of the power to impose a penalty in lieu of, or in addition to, the,/suspending or revoking ot: a license, which was ultra vires. The order was,.however, severable, and the offending pprtion could- -be,excised. 14 the ic&ult, section lUi of the Ordbr-in-t ivuncil should be read with sub-section I (e) '.xcluded. _ ... .... Consequently, in the vifcvp ol tjp; court, both defendants should have been convicted. ’fife conviction .imposed in it he first case was affirmed, find ; ii the second ease, the appeal lowed lin'd the!lease referred back to the magistrate with a direction to convict.

The first case was an appeal I rent .a decision of Mr J. IT. Salmon, SAL, at Wanganui, in which he convicted Archie Frederick Wilson ot carrying-on ■x goods service between Wangenlui ami Wanganui otherwise than pursuant to the authority of a goods korvie'e license gran teiLfiuder.4he Transport Licensing Aset, IP:»1, triul'-contrary to seeiioij 20 (1) of the Transport /(Goods) Order, 1933-lU, and section 47 of the I ratisport Licensing Act, 1021. Tl\e second case was that ol Maurice Ordish Fairhurst against Robins and Company, from Dunedin, aad doa.li 'with similar facts. In this case Air 11. >W. Bundle, S.M., dismissed the information.