PLYING FOR HIRE

Southland Times, Issue 21219, 21 October 1930, Page 8

PLYING FOR HIRE

QUESTION OF LICENSE

NAPIER PROPRIETOR . FINED COMMENT BY THE (Per United Press Association.) Napier, October 20 Following the recent prosecution by the New Zealand Railway Department of Malcolm Mclntosh Taylor on a charge of plying for hire as a borough omnibus with a motor cab, Mr A. M. Mowlem, S.M., this morning delivered his reserved judgment and entered a conviction against the defendant, imposing a fine of £2 and £2 15/costs. Security for appeal was fixed at £lO 10/-. His Worship stated that under the bylaws the defendant did not possess the license requisite for him to ply in the way he had been doing. To enable him to continue as he had, but within the limits of the by-laws, he required a license for a borough omnibus. At the hearing the facts were not disputed, counsel for the defendant informing the Court that no evidence was to be called. He relied on the assertion that the by-law was invalid and submitted that the point , at issue was decided by Mr Justice Ostler in the case Wikon v. the Hamilton Borough Council. Counsel further relied on the. fact that no prosecution of any kind had been commenced against the defendant, though the licensing authorities knew defendant’s methods when his license was renewed last June. After a search through the whole of the Napier borough by-laws his Worship did not think that if application were made to the Supreme Court to quash the council’s bylaw insofar as it referred to borough omnibuses on the grounds of unreasonableness, the same success would result as was obtained in the case Wilson v. the Hamilton Borough Council. His Worship was satisfied that the decision of Mr Justice Ostler did not apply to the facts and circumstances of this case. By Section 932 of By-law XXIV, it was an offence to drive a vehicle of any class other than that specified in the license. Defendant was, therefore, convicted. Similar charges against three other defendants in the same service were adjourned sine die pending the issue of the appeal.